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Dáil Éireann debate -
Wednesday, 19 May 2004

Vol. 585 No. 6

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 10, inclusive, answered orally.

EU Constitution.

John Bruton

Question:

11 Mr. J. Bruton asked the Minister for Foreign Affairs if his attention has been drawn to reports (details supplied) that the former President of the Convention on the Future of Europe has claimed to have brokered a deal on voting weights in the Council that would be acceptable to the Spanish and the Polish; and if he will make a statement on his consultations with him on this. [14390/04]

Brendan Howlin

Question:

24 Mr. Howlin asked the Minister for Foreign Affairs his assessment of the prospects of concluding negotiations on a new treaty or constitution for the European Union during the period of the Irish Presidency; and if he will make a statement on the matter. [14553/04]

Phil Hogan

Question:

44 Mr. Hogan asked the Minister for Foreign Affairs his views on whether the agreement on the draft constitutional treaty for the European Union may be reached during Ireland’s Presidency of the European Union; and if he will make a statement on the matter. [14519/04]

Dan Boyle

Question:

49 Mr. Boyle asked the Minister for Foreign Affairs the progress in negotiations on the draft EU constitution; the remaining constitutional issues that were addressed at the EU Foreign Ministers’ meeting on 17 May 2004; and if he will make a statement on the matter. [14669/04]

Ciarán Cuffe

Question:

63 Mr. Cuffe asked the Minister for Foreign Affairs if there is a plan B being considered if the EU constitution either fails to be successfully negotiated or ratified; and if he will make a statement on the matter. [14670/04]

Caoimhghín Ó Caoláin

Question:

77 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he supports the proposal to appoint an EU Commissioner for Development Co-operation with full voting power, and that this should be reflected in the new EU treaty. [14612/04]

I propose to take Questions Nos. 11, 24, 44, 49, 63 and 77 together.

The Presidency attaches the highest priority to seeking to negotiate a successful conclusion to the Intergovernmental Conference at next month's European Council. While obviously I cannot say with absolute certainty that agreement will or will not be achieved, all partners fully share our goal of finalising the negotiations and have engaged with us in a positive and constructive way, including at this week's meeting of Foreign Ministers and on the Taoiseach's tour of capitals. With the necessary political will, I believe we can succeed.

The House will be aware that one of the main outstanding issues at the Intergovernmental Conference relates to the definition of qualified majority voting. We have made clear our view that only solutions based on the principle of double majority are likely to command agreement. Within that framework, and in response to the sensitivities of some member states, we can consider adjustments, including to the member state and population thresholds and to arrangements for transition from the current system. I am aware of media reports setting out possible solutions to this question, and I also am aware that President Giscard d'Estaing has suggested a certain approach. It will ultimately be for us as Presidency to table our own proposals. We have not yet done so, and are continuing to consult with partners.

Two working papers were circulated by the Presidency in advance of this week's meeting of the IGC. The first contained those proposed texts which the Presidency felt did not require further discussion by Ministers at this time. The second contained three areas for discussion by Ministers: first, a small number of issues previously discussed by officials, such as the budget, common commercial policy and Presidency of the Council of Ministers, on which we tabled revised proposals; second, the overall QMV/unanimity balance, where the Presidency did not put forward new texts but wished to have a collective discussion before moving on to make its own proposals in due course; and, third, on the Commission, where the Presidency put forward new texts on some secondary issues and a discussion paper on Commission composition.

Member states gave a broad welcome to our two papers, and I believe that significant progress was made. While nothing is agreed until everything is agreed, we have, I believe, succeeded in reducing the number of outstanding issues and clarifying the questions which remain to be resolved. We hope that further progress will be possible at next week's additional meeting of Foreign Ministers.

The Presidency is not proposing to make specific provision in the treaty for an EU Commissioner for Development Co-operation as to do so would undermine the prerogatives and independence of the Commission President. Article I-26 of the draft constitutional treaty provides that "the President of the European Commission shall ... decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and on a collegiate basis". Article III-254 provides that "the responsibilities incumbent upon the Commission shall be structured and allocated among its Members by its President". I note that these provisions are entirely in line with the existing treaty situation.

The Presidency is not considering a plan B in the event of a failure to finalise negotiations on the constitutional treaty. Our aim is to achieve an agreement on a constitutional treaty that all member states can welcome and subscribe to. I am confident that in such a situation, and after a proper public and political debate, ratification by all should be possible. I note that the convention draft includes a declaration providing that, in the case where four fifths of member states have ratified the constitutional treaty within two years and one or more member states have experienced difficulties in doing so, the European Council would discuss the situation.

European Council Meetings.

Phil Hogan

Question:

12 Mr. Hogan asked the Minister for Foreign Affairs the matters discussed at the informal meeting of EU Foreign Ministers held in Offaly in April 2004; and if he will make a statement on the matter. [14491/04]

Breeda Moynihan-Cronin

Question:

31 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs the matters discussed and any conclusions reached at the informal meeting of Foreign Ministers held in Tullamore on 16 and 17 April 2004; and if he will make a statement on the matter. [14560/04]

I propose to take Questions Nos. 12 and 31 together.

On 16 and 17 April, I hosted an informal meeting of EU Foreign Ministers, or Gymnich, in Tullamore. The purpose of this informal meeting, which traditionally takes place during every Presidency, is to allow ourselves the time and space to consider issues in more depth than would normally be available to us at the monthly Council meetings. The meeting in Tullamore was no exception and the informal setting facilitated an open and detailed discussion on a number of pressing international issues including the Middle East peace process, Kosovo and Iraq.

In light of the ethnically motivated violence in mid-March, we reviewed the situation in Kosovo. We agreed that the outbreak of violence has been a setback for Kosovo, endangering the progress made in recent years. The immediate priorities must be to ensure security, to bring those responsible to justice, the return of displaced persons and the reconstruction of property. Ministers agreed to urge all political leaders in Kosovo to work to ensure the physical security and the full protection of the rights of members of all communities.

Ministers had a comprehensive discussion on developments in the Middle East peace process including the outcome of the meeting in Washington on 14 April between the President of the US and the Prime Minister of Israel. Although the meeting in Tullamore was informal, it was felt desirable to issue a statement reaffirming the commitment of the European Union to the basic principles underlying the peace process and the roadmap leading to a two-state solution.

We also addressed the security situation in Iraq and its impact on the political transition process. We agreed that a strong UN role is an essential element for a successful political transition process. The EU is committed to supporting the role of the UN and is ready to provide assistance. Ministers asked the High Representative and the Commission to continue their work on a medium-term strategy that will set out how the EU can play a role in support of the political process and in the reconstruction of Iraq.

There was also a discussion on effective multilateralism, one of the central priorities of the Irish Presidency. Ministers engaged in a valuable exchange of views on some of the major questions at the heart of the future of multilateralism — fundamental questions such as the nature and limits of self-defence; and the responsibility to protect in cases of gross violations of human rights and humanitarian catastrophes. We also reviewed how the political and economic strength of the EU could most effectively be deployed in support of the UN, including in the area of crisis management, as well as the preparation of the EU's contribution to the UN Secretary General's high level panel on threats, challenges and change. On Monday, 17 May, Ministers endorsed the transmission of the EU contribution to the panel.

Brief discussions also took place in relation to the ASEM, Asia-Europe Meeting, process, in advance of the attendance by the EU Ministers at the ASEM Foreign Ministers' meeting, which took place in Kildare immediately after the Gymnich meeting on 17 and 18 April.

As is the tradition at Gymnich meetings, I hosted a working lunch with the candidate countries at which Ministers briefed their colleagues from Bulgaria, Romania and Turkey on our discussions at the informal meeting. During this lunch, there was also a brief exchange of views on Cyprus in advance of the referenda on 24 April on the settlement plan presented by the UN Secretary General.

Foreign Conflicts.

David Stanton

Question:

13 Mr. Stanton asked the Minister for Foreign Affairs if he will provide a report on the political situation in Kosovo; and if he will make a statement on the matter. [14522/04]

The security situation in Kosovo has stabilised since the outbreak of ethnic violence on 17 and 18 March, in which 19 people were killed, many were injured and hundreds of families were forced to flee their homes. The violence was a serious setback for Kosovo, endangering progress made in recent years. In his statement to the UN Security Council on 11 May, the Special Representative of the UN Secretary General in Kosovo, Harri Holkeri, acknowledged that the violence had challenged efforts to build a multi-ethnic Kosovo, in which all its citizens can live in peace and security.

Under the Irish Presidency, the European Council and the General Affairs and External Relations Council have considered developments in Kosovo closely. The EU has reiterated its strong support for the work of the UN Special Representative and of the UN Mission in Kosovo in implementing UN Security Council Resolution 1244. The Council has reaffirmed its commitment to the policy of standards before status, and has called on Kosovo's political leaders to demonstrate unambiguously their commitment to a multi-ethnic Kosovo and to the security and rights of minority communities.

On 31 March, Special Representative Holkeri, together with Prime Minister Bajram Rexhepi, presented the Kosovo standards implementation plan, which sets out in detail the actions and policies required if Kosovo is to achieve European standards in eight broad areas. We have welcomed the plan as an essential element in a strengthened policy of standards before status. A draft had been in preparation for some months, and following the violence in March it was revised to include a series of priority actions on the return of displaced persons to their homes. The UN has emphasised that the plan needs to be strengthened further, with additional emphasis on ensuring security, minority rights, the return of displaced persons, the strengthening of local government and economic development. It is clear that if the objective of an overall review of progress in mid-2005 is to be reached, the provisional institutions of self-government need to speed up implementation of the agreed policies, including on effective local government. The ethnic violence has seriously undermined trust between the communities in Kosovo. It is essential that the Kosovo Serb community has the confidence to engage fully in the political process. It is also clear that progress on the implementation of standards must involve a resumption of the direct dialogue between Belgrade and Pristina, which had begun to make some practical progress in early March, and which has been suspended since the outbreak of violence.

The violence in March drew international attention back to the situation in Kosovo, and to the danger that it could contribute to instability in the wider region. There is broad agreement that Kosovo's leaders and the international community have lessons to learn from what happened. The UN is reviewing its response to the events, and its structures in Kosovo. The EU is also considering how it can enhance its role in support of the policy of standards before status. In addition to the discussions at the formal meetings of the Council, I considered it important that Ministers have a detailed exchange of views on Kosovo at the informal meeting of Foreign Ministers in Tullamore on 16 April. The situation in Kosovo will remain on the European Union's foreign policy agenda for the remainder of Ireland's Presidency. The EU will remain in close contact with the United Nations, and also with the United States, Russia and the wider international community as we examine how the structures established by the international community to assist Kosovo under UN administration should be adapted to take account of recent developments and to promote the effective implementation of standards in the interests of all communities in Kosovo.

Policy on Emigrants.

Pat Rabbitte

Question:

14 Mr. Rabbitte asked the Minister for Foreign Affairs the progress made with regard to the implementation of the report of the inter-departmental working group considering the recommendations of the task force on policies regarding emigrants; and if he will make a statement on the matter. [14545/04]

Ruairí Quinn

Question:

15 Mr. Quinn asked the Minister for Foreign Affairs the progress made with regard to the implementation of the recommendations of the task force on policies regarding emigrants; and if he will make a statement on the matter. [14546/04]

Michael Ring

Question:

20 Mr. Ring asked the Minister for Foreign Affairs the actions he will take to implement the recommendations of the report of the task force on policy regarding emigrants; and if he will make a statement on the matter. [14509/04]

Willie Penrose

Question:

65 Mr. Penrose asked the Minister for Foreign Affairs when the promised dedicated unit will be established within his Department to deal with the issue of Irish emigrants abroad; the number of staff that will be in the unit; the financial resources that will be available to the unit; and if he will make a statement on the matter. [14548/04]

I propose to answer Questions Nos. 14, 15, 20 and 65 together.

Following receipt of the report of the task force on policy regarding emigrants, I established an inter-departmental working group to consider the task force's recommendations with a view to the submission of proposals for further action to the Government. The inter-departmental working group met on a number of occasions and it presented its report to me last November. The group endorsed the analysis and recommendations of the task force concerning the needs of Irish emigrants abroad and the needs of those departing from and returning to Ireland.

As regards the implementation of the task force report, action is currently being taken on over two thirds of the 71 recommendations contained therein. The following examples will illustrate the progress that is being made: the funding for emigrant services abroad has been brought together under the Department of Foreign Affairs; a substantial increase in funding for emigrant services has been provided in the Vote for Foreign Affairs this year; financial assistance will be provided this year by my Department for the first time to ÉAN, the umbrella group for voluntary agencies providing information and advice to potential emigrants, to enable it to provide more effective support to its member agencies; financial assistance will also be provided this year by my Department for the Irish Commission for Prisoners Overseas; during my visit to Washington earlier this year, I met a number of prominent members of Congress with whom I discussed the situation and status of Irish emigrants in the US and how best to advance their situation; and the Department of Social and Family Affairs has given priority to the link between migration and social exclusion during our Presidency of the EU by organising a Presidency Conference on Reconciling Mobility and Social Inclusion.

The total allocation for emigrant services in the Vote for Foreign Affairs this year is €4 million. This represents an increase of €1 million or one third over 2003. I have decided that the greater share of this, €3.57 million, should go to the Dion fund for services to Irish emigrants in the UK, €400,000 will be allocated to Irish welfare agencies in the US and €48,000 will go to agencies in Australia.

Furthermore, a special group in the Department of Foreign Affairs, chaired by the Secretary General of the Department, is meeting on a fortnightly basis to monitor progress in implementing the recommendations.

I intend to establish a dedicated unit in the Department of Foreign Affairs when the EU Presidency is over to ensure that the Government's response to the particular needs of our vulnerable emigrants is focused and prioritised to the greatest degree possible. A final decision has not yet been taken on the level of staff or other resources that will be assigned to this unit.

In implementing the report of the task force, I have emphasised the importance of working in the closest partnership with relevant governments and, in particular, with voluntary Irish agencies at home and abroad.

Foreign Conflicts.

Bernard J. Durkan

Question:

16 Mr. Durkan asked the Minister for Foreign Affairs the steps he has taken at EU or UN level to deal with the situation in Sudan; and if he will make a statement on the matter. [14621/04]

Bernard J. Durkan

Question:

137 Mr. Durkan asked the Minister for Foreign Affairs if he will state what he and his colleagues at UN and EU level propose to do in regard to the ongoing situation in the Sudan; and if he will make a statement on the matter. [14795/04]

I propose taking Questions Nos. 16 and 137 together.

There can be no doubt about the extent of the humanitarian and human rights disaster unfolding in Darfur and the Irish Presidency of the EU is deeply concerned about this and recognises the need for urgent political and humanitarian action. Close co-operation, in particular, is being maintained with both the United Nations and the African Union.

Over the course of our Presidency, the EU has been to the forefront of the international community in trying to address the situation in Darfur. The EU was, for example, instrumental in bringing together the Government of Sudan and the two Darfur rebel groups for peace talks in Chad, which resulted on 8 April in a humanitarian ceasefire. The ceasefire has contributed to an improvement in the general security situation which has allowed greater access to internally displaced persons for humanitarian organisations. However, it is imperative that all sides to the conflict in Darfur are persuaded that a long-term ceasefire is an essential prerequisite for dealing with Darfur's political problems.

The General Affairs and External Relations Council in April expressed its grave concern at the situation in Darfur and called on the government of Sudan to provide unhindered and safe access to the region for the UN and humanitarian agencies. In addition, we called on the government of Sudan to take command of the Arab militia groups acting as government proxies in the area. These conclusions were brought to the attention of the government of Sudan by EU Embassies in Khartoum and I note that Sudan has responded to this growing international pressure by establishing a commission of inquiry to investigate human rights violations in Darfur. At the Council meeting this past Monday we discussed this latest event and agreed that a thorough investigation by the commission and the early publication of its findings is crucial.

Returning to the issue of the ceasefire in Darfur, the EU is working closely with the African Union to establish an African Union ceasefire monitoring mechanism for the Darfur region. An EU official is currently taking part in an Africa Union reconnaissance mission to the region and we have also accepted an invitation from the AU to appoint an official to the joint commission monitoring the ceasefire. This is a clear example of the improved practical relations between the EU and Africa which was evident at the troika meeting I hosted in Farmleigh on 1 April. When established, the monitoring mechanism should help strengthen the ceasefire currently in place and contribute to the overall security situation for local populations.

The EU has invested financial as well as political support in bringing peace to Sudan. In addition to funding the Darfur peace talks in Chad and preparations for the ceasefire monitoring mechanism, the European Commission has also provided substantial funding to the North/South peace talks in Naivasha, and the verification and monitoring team observing that ceasefire. Humanitarian assistance to Darfur is likely to be in excess of €10 million for 2004, with a further €4 million for Sudanese refugees in Chad. My Department is in the process of releasing €1 million in emergency funding for Darfur, of which €750,000 will be channelled through the UN Office for the Co-ordination of Humanitarian Affairs.

The EU and the UN continue to work closely together on the situation in Darfur. In February the EU persuaded the government of Sudan to allow its embassy officials to visit Darfur and UNICEF and the World Food Programme were invited to take part in the mission. As Presidency, we have asked EU member states who are also members of the UN Security Council to continue to push for a greater level of engagement by the Council on the issue of Darfur. At the UN Commission on Human Rights in April, Ireland as EU Presidency was instrumental in achieving a consensus chair's statement on the situation in Sudan which secured an important objective of the Union, an international mechanism for reporting to the UN on human rights in Sudan. This important provision was achieved through close and constructive engagement with the African group at the commission. No such consensus had been possible the previous year.

EU-African Co-operation.

Olivia Mitchell

Question:

17 Ms O. Mitchell asked the Minister for Foreign Affairs the matters discussed and agreements reached during the recent European Union/South Africa Troika meeting held in Dublin; and if he will make a statement on the matter. [14490/04]

Paul Nicholas Gogarty

Question:

43 Mr. Gogarty asked the Minister for Foreign Affairs if he will report on the EU-African Union troika meeting at Farmleigh in April 2004; and if he will make a statement on the matter. [14672/04]

Liz McManus

Question:

85 Ms McManus asked the Minister for Foreign Affairs the outcome of the recent EU-African Union Troika held in Dublin; and if he will make a statement on the matter. [14558/04]

I propose to take Questions Nos. 17, 43 and 85 together.

The Irish Presidency has attached major importance to promoting and strengthening the EU's engagement with Africa. We have sought to use our Presidency to focus increased international attention on the major challenges which Africa still faces, including peace and security, promotion of human rights and good governance, and support for attainment of the Millennium Development Goals. The Irish Presidency has attempted to build on the long-standing priority which Africa has been accorded nationally, with six of our seven priority countries for development assistance located in Africa. Ireland has the largest current deployment of UN peacekeeping personnel serving in Africa among EU member states, principally composed of the contingent serving with UNMIL in Liberia.

The discussions with the African Union troika, led by Foreign Minister Simao of Mozambique and also comprising Foreign Minister Dlamini Zuma of South Africa and African Union, AU, Commissioner Said Djinnit took place in a very positive and constructive atmosphere and covered peace and security and good governance issues, as well as regional integration and trade and development issues, such as external debt and food security.

I welcome the fact that two important reports were agreed at the EU-Africa meeting, the first a joint paper on effective multilateralism and the second an agreed report on Africa's external debt. The latter paper represents a considerable achievement as agreement on this issue had not proved possible up to now within the framework of the dialogue. The Joint Declaration on Effective Multilateralism reflects a shared approach and commitment to conflict prevention and resolution, economic development and strengthening multilateralism within the international system. It will provide a good platform for co-operation with our African partners in multilateral fora.

I was also very pleased to be able to announce at the EU-Africa meeting agreement on the financing arrangements for the European Union's African Peace Facility. This facility, which will make €250 million available through the European Development Fund to strengthen African peacekeeping capabilities, is an important development which will directly help to save lives in Africa, through empowering African countries to mount effective peacekeeping efforts.

The inaugural EU-South Africa Ministerial Troika was held on 2 April 2004, with the South African side led by Foreign Minister Zuma. Discussions centred on EU-South Africa relations and we welcomed the completion of ratification procedures for the Trade, Development and Co-operation Agreement, TDCA. In recognition of South Africa's celebration of ten years of democracy, the achievements of that country in a post-apartheid context were discussed as well as the significant challenges that still remain. The EU reaffirmed its commitment to aid South Africa in overcoming these difficulties through the TDCA and a sustained programme of co-operation. Zimbabwe and conflict areas on the African continent were also discussed. Underlying multilateralism as a common foreign policy goal, we agreed that there would be closer co-operation between the EU and South Africa in international fora, including UN bodies such as the UN Commission on Human Rights, and on the International Criminal Court.

On 2 April, I was delighted to sign a bilateral Declaration of Intent with my South African counterpart instituting the Ireland-South Africa Partnership Forum. This opens a new chapter in Irish-South Africa relations, solidifying and formalising the relationship between our countries. This ensures regular consultations on issues of mutual concern, and will serve as an instrument for deepening Ireland-South Africa co-operation in political, economic and developmental spheres.

EU-Africa relations are now in a strong state and the dialogue is working well. There is a real engagement with our African partners on the crucial issues of peace and security, and democracy and good governance, and a determination on both sides to strengthen our co-operation in these areas and make it more effective. There is also now a willingness on both sides to engage in frank discussion on issues where there may be differences, such as Zimbabwe, and this is also a development which I welcome as confirmation of a healthy and productive relationship.

Africa will continue to be a major priority throughout the remainder of the Irish Presidency, with particular focus on the serious humanitarian and political situation in Darfur where the EU is working actively with the UN and the African Union to address the situation and ensure all necessary humanitarian access. Implementation of the EU's regional strategy for West Africa and continued active support for the preparations for the holding of the international conference on the Great Lakes region later this year will also be important tasks.

Death Penalty.

Michael Noonan

Question:

18 Mr. Noonan asked the Minister for Foreign Affairs his views on the adoption by the United Nations Commission on Human Rights of a resolution against the death penalty; and if he will make a statement on the matter. [14505/04]

Seán Ryan

Question:

70 Mr. S. Ryan asked the Minister for Foreign Affairs if in regard to his statement welcoming the adoption by the UN Commission on Human Rights or a resolution opposing the death penalty, he intends to make representations to the major users of the death penalty, such as the United States and China, seeking the end to the practice; and if he will make a statement on the matter. [14568/04]

I propose to take Questions Nos. 18 and 70 together.

As I have previously stated in this House, the Government is adamantly opposed to the use of the death penalty and accordingly seeks its universal abolition. We believe that its abolition would contribute to the enhancement of human dignity and the progressive development of human rights.

As Deputies will be aware, the resolution on the death penalty is an annual initiative presented by the European Union. Ireland, as Presidency of the European Union, had the responsibility of introducing and ensuring its adoption by the Commission on Human Rights, which is the primary UN body with responsibility for human rights.

I very strongly welcome the adoption of the resolution, which calls for the complete abolition of the death penalty and, in the meantime, a moratorium on executions in those states which still maintain it. The resolution was adopted with a record number of member states of the Commission on Human Rights voting in favour of it. The outcome is a demonstration of the growing support within the international community for the EU's policy of opposition to the death penalty in all circumstances. It is also a sign of the growing international trend in favour of the abolition of the death penalty.

Deputies will be aware of the efforts we have made in conjunction with our EU partners, and in accordance with the common EU guidelines on the issue of the death penalty, to seek its universal abolition. The EU guidelines adopted in 1998 set out clearly the common EU position on the use of the death penalty. These guidelines form the basis for Ireland's concerted interventions, along with other EU member states, in death penalty issues. In addition to interventions on the use of the death penalty in principle, it has also been agreed that, where the facts of individual cases suggest a violation of basic minimum standards under international law, the Union will consider making a specific intervention. The Government is of the view that an EU intervention on this issue carries significantly greater force than individual bilateral intervention. On the basis of the guidelines the EU has pressed for abolition and has also undertaken démarches on the use of the death penalty in many countries, including the United States and China.

Since the beginning of the Irish Presidency the EU has made known its concerns on a number of occasions regarding the use of the death penalty in the US. The EU has regularly raised the death penalty issue in its human rights troika meetings with the US. The EU has also intervened in a number of individual death penalty cases at both federal and state level. It is currently finalising an amicuscuriae brief in connection with a death penalty case under consideration by the US Supreme Court.

The issue of the death penalty in China has also been pursued. The use of the death penalty in China is a major item on the agenda of each session of the EU-China dialogue, the most recent meeting of which took place on 26 and 27 February in Dublin. The EU also makes démarches about individual cases of special concern. The EU also expressed its concerns about the use of the death penalty in China during the recently concluded session of the Commission on Human Rights.

During the remainder of our Presidency, the issue of the death penalty will continue to be a priority for the EU. The EU will continue to monitor death penalty cases worldwide and make interventions as appropriate.

Foreign Conflicts.

Denis Naughten

Question:

19 Mr. Naughten asked the Minister for Foreign Affairs his views on the situation in Afghanistan and on the recent Afghan donor conference; and if he will make a statement on the matter. [14507/04]

The overall situation in Afghanistan remains complex, despite some measure of progress on a number of fronts. It is important that the international community remains focused on how best to support Afghanistan in the next stages.

The security situation in Afghanistan remains grave, as illustrated by the recent factional fighting in the north-west, the assassination of the Civil Aviation Minister in March, and a number of attacks on personnel involved in preparations for elections. At the same time, we have seen some progress with the agreed expansion of ISAF through the Provincial Reconstruction Teams. It is envisaged that six such teams will be in operation under ISAF command by the time of the NATO Summit on 28 June 2004 in Istanbul.

I participated in the conference, Afghanistan and the International Community — A Partnership for the Future, to which the Deputy refers and which took place in Berlin on 31 March and 1 April 2004. In my EU Presidency capacity, I set out for the Berlin conference the position of the EU and its member states. My statement emphasised the EU's continuing firm commitment to the reconstruction of Afghanistan and underlined the fact that the EU will continue to be one of the major donors towards the cost of reconstruction.

The conference also provided an opportunity to review the achievements of the Afghan Transitional Authority, ATA, and of the international community in the reconstruction of Afghanistan. The international community undertook to continue to address Afghanistan's development requirements beyond the Bonn process. Total pledges at the conference, taking into account those countries in a position to enter into multi-year pledges, were $8.2 billion. Some $4.5 billion was pledged for 2004, of which the EU pledged some €700 million, including Commission assistance of some €245 million.

This constituted a successful outcome for the conference, the main objective of which was to secure funding for the ATA's development programme, which estimated the external financing requirement from March 2004 to March 2005 at some $4 billion and some $28 billion over seven years to 2011. Following the Tokyo conference on Afghanistan in January 2002, Ireland disbursed €12 million in reconstruction assistance to Afghanistan. At the Berlin conference, Ireland pledged a further €5 million to be expended over the next two years.

At the Berlin conference, President Karzai announced that presidential and parliamentary elections will take place in September 2004. The elections will constitute the next and final step in the implementation of the Bonn agreement of December 2001 on arrangements for the re-establishment of permanent government institutions in Afghanistan. In order for the elections to be credible, a successful registration process is needed. The European Commission has committed €15 million towards the total cost of the registration process. Over two million Afghans have registered to date, approximately 70% of whom are men. The most recently reported daily registration figures have been steady at around 35,000 registrants per day with women comprising over 30% of those registering.

The European Commission is currently putting in place arrangements for effective EU support for the elections. These will include: the deployment of additional expert staff in the European Union Special Representative's office in Kabul to enhance the office's analytical capacity regarding electoral law and practice; support for domestic observation teams; and media monitoring support to the Afghan Joint Electoral Management Body to deliver a report after the elections and to provide training to Afghans in media monitoring.

In order to ensure a secure environment for elections, it is important that all irregular forces are disarmed and demobilised or integrated into the national army. I welcome the steps already taken towards this end, but much more needs to be done so that the future Afghan government has unified armed forces at its disposal.

Ireland, together with our EU partners, fully supports the Afghan Transitional Authority's uncompromising stance on the illicit cultivation of and trafficking in drugs. It is vital that the international community and the Afghan people work together to eliminate the production, trafficking and consumption of opium in particular.

Question No. 20 answered with QuestionNo. 14.

Damien English

Question:

21 Mr. English asked the Minister for Foreign Affairs if he will report on the situation in Uganda; the level of assistance given to Uganda since 2000; his views on the level of human rights abuses in Uganda and in neighbouring Congo; and if he will make a statement on the matter. [14512/04]

The situation in Uganda is characterised by relative political and economic stability and steady development progress over the past decade. The macroeconomic stability is continuing, though recent trends have indicated a fall in the levels of growth and some inequities in the distribution of its benefits.

The Ugandan government, in consultation with civil society, the private sector and the international community, is adjusting its poverty eradication action plan to respond to emerging challenges and priorities. Assistance is given to Uganda primarily through our country programme, which is carried out in partnership with civil society, including NGOs and missionaries. In addition, emergency humanitarian assistance is being provided and a small number of fellowships to enable Ugandan students to attend third level institutions in Ireland are also being made available. A total of €116,633,885 in development assistance was given over the period 2000-03. Of this, €110,104,382 was provided under our country programme and €6,529,503 through other channels. The following are the details of this assistance:

Country Programme

Civil Society

Emergency Assistance

Fellowship

2000

15,912,033

738,190

95,230

2001

24,527,996

1,623,000

49,259

2002

35,336,678

1,535,932

139,640

2003

34,327,675

1,703,119

400,000

245,133

Approval was recently given for a new country strategy paper, CSP, which provides for country programme assistance of around €30 million annually over the period 2004-06.

Continuing insecurity in the northern region of Uganda has caused widespread disruption and loss of life. The 17 year old civil conflict, caused by the brutal campaign of the Lord's Resistance Army, LRA, involving atrocities against the civilian population and large-scale abduction of children, intensified in 2003, resulting in a humanitarian crisis with more than 1.5 million people displaced. The ongoing tragedy represents a major challenge to the Ugandan government, which is pursuing its military campaign against the LRA but also recently indicated a willingness to seek a negotiated settlement.

On the domestic political front, Uganda has commenced a process of transition from its current "no party" movement democratic system to a multi-party system. It is hoped that this process will culminate in multi-party presidential and parliamentary elections in 2006. The debate on opening up the political space to allow for a more pluralist political system and multi-party democratic process is currently under way. While the move to multi-party democracy is welcome and will be a prerequisite for further development, proposals emerging from some quarters for a change in the Ugandan constitution, which would facilitate a third term by President Museveni, are viewed with concern by donors.

Respect for human rights is enshrined in the Ugandan constitution and Uganda has good policies and strong institutions in support of human rights, in particular an active and respected Human Rights Commission. It also has a free press which plays a constructive role in highlighting abuses. At the same time, donors have had concerns with regard to incidents of torture and illegal detention by security forces in 2003, which were highlighted in a recent report by Human Rights Watch, and they have kept the Government under pressure in this respect.

On the Democratic Republic of Congo, DRC, we have been informed that all Ugandan troops have been withdrawn from the DRC and that the Ugandan authorities have been extending full co-operation to the former EU Operation Artemis and current UN MONUC peacekeeping missions in the DRC. Uganda has resumed diplomatic relations with the DRC and has expressed its support for the transition process under way there.

In response to donor pressure, Uganda established the Porter Judicial Commission of Inquiry into allegations of illegal exploitation of natural resources and other forms of wealth in the DRC. The Government has underlined its commitment to following up on the commission's findings and bringing to account those implicated in such activities. While there is still unresolved business, action has been taken against key people whom the commission found to be involved, including the army chief of staff, General Kazini, who was dismissed from his post, and the President's brother, Salim Saleh, who was removed from parliament.

In the case of the DRC, the all-party interim government is making progress in establishing peace and security and is in the process of extending its authority throughout the country. The EU's Operation Artemis and MONUC peacekeeping forces have succeeded in establishing a degree of stability in the volatile north-eastern region adjoining Uganda and Rwanda. While there are no Ugandan troops remaining in the DRC, MONUC recently confirmed the presence of Rwandan troops on DRC territory, though Rwanda has denied any such incursion by its forces.

The Government's development programme is focused on reducing poverty in Uganda, one of the world's poorest countries. With our development partners — the Ugandan Government, other donors and NGOs — we have made significant progress towards achieving our objectives. I am convinced that the challenges which remain will be met by a continued policy of critical engagement.

Shannon Landing Facilities.

Eamon Ryan

Question:

22 Mr. Eamon Ryan asked the Minister for Foreign Affairs if there is a review in progress or a review is being considered, in relation to the policy of allowing US military aircraft and civilian aircraft carrying military personnel to land at Shannon Airport in view of the recent reports of systematic abuse of Iraqi detainees by US soldiers; and if he will make a statement on the matter. [14666/04]

Aengus Ó Snodaigh

Question:

95 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government has reconsidered its ongoing policy of collusion in the occupation of Iraq in view of the most recent revelations and documentary evidence that US troops have committed war crimes against Iraqi prisoners in the Abu Ghraib prison; and if the Government will withdraw overflight and landing permission to US troops en route to Iraq in protest. [14607/04]

John Gormley

Question:

126 Mr. Gormley asked the Minister for Foreign Affairs if there is a review in progress, or a review being considered, in relation to the policy of allowing US military aircraft and civilian aircraft carrying military personnel to land at Shannon Airport in view of the recent reports of systematic abuse of Iraqi detainees by US soldiers; and if he will make a statement on the matter. [14866/04]

I propose to answer Questions Nos. 22, 95 and 126 together.

The Government has no plans at present to review its policy to maintain overflight and landing facilities for US aircraft. The reasons the Government decided to maintain overflight and landing facilities for US aircraft were set out in the Dáil during the debate of 20 March 2003 and the Government's decision was endorsed in the motion approved by the Dáil.

I have made clear the Government's complete abhorrence of the abuse of prisoners by coalition personnel in my replies to other questions.

Passport Regulations.

Damien English

Question:

23 Mr. English asked the Minister for Foreign Affairs the regulations concerning the expiry dates of passports that apply to Irish persons seeking entry to all EU countries, and all other countries; if he will publish this information on his Department’s website; and if he will make a statement on the matter. [14532/04]

With the exception of travel to the UK, Irish citizens require a valid passport for travel to all other destinations in the EU.

All EU citizens have the right to enter and reside in the territory of any other member state of the Union for a period of up to three months simply by presenting a valid passport or national identity card, no other formality is required. Member states cannot set additional conditions concerning the minimum validity of duration of the identity card or passport.

Irish citizens travelling to destinations outside the EU are subject to the specific requirements of those countries for the entry of non-nationals into their territory and they should contact the relevant embassy of those countries before they travel for the most up-to-date information on these requirements. I am happy to inform the House that this information is available on the Department's website.

Question No. 24 answered with QuestionNo. 11.

Northern Ireland Issues.

Olivia Mitchell

Question:

25 Ms O. Mitchell asked the Minister for Foreign Affairs if he will advise on developments in the Northern Ireland peace process; and if he will make a statement on the matter. [14529/04]

Brendan Howlin

Question:

33 Mr. Howlin asked the Minister for Foreign Affairs the progress made with regard to the review of the Good Friday Agreement; the Government’s priorities for the review; the length of time he expects the process to take; and if he will make a statement on the matter. [14554/04]

I propose to take Questions Nos. 25 and 33 together.

The review of the operation of the Good Friday Agreement continued at Stormont on 27 April and 4 May. The Government was represented by the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, on both days, and by the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brian Lenihan, on 27 April, and by the Minister of State at the Department of Foreign Affairs, Deputy Kitt, on 4 May.

The discussions on both days focused on Strands Two and Three of the Agreement, and the parties presented their views and proposals in these areas. The Governments agreed that the review should go into recess during the European election campaign, but it is intended that it should subsequently resume for at least two further meetings before the summer break. The Government's priority for the review is to secure an outcome, consistent with the fundamentals of the Good Friday Agreement, that attracts consensus support among the parties.

In addition to the review and routine bilateral contacts with the parties, the Government is maintaining its engagement with the British Government on all aspects of the implementation of the Agreement, including at the meeting of the British-Irish Intergovernmental Conference in London on 21 April, which I co-chaired with the Secretary of State for Northern Ireland, Mr. Paul Murphy, MP. Moreover, the Taoiseach and Prime Minister Blair continue to accord high priority to the peace process and reviewed the matter in depth during their meeting in Dublin on 2 May. Both Governments will remain in close touch over the weeks of the European election campaign, as will officials.

Overseas Development Aid.

Arthur Morgan

Question:

26 Mr. Morgan asked the Minister for Foreign Affairs if all increases in Irish and EU ODA will be exclusively poverty focused and not connected to broadened OECD/DAC criteria on counter-terrorism clauses. [14610/04]

The Government's development co-operation programme has a strong focus on poverty reduction in the poorest developing countries and this will remain our approach.

As regards EU development assistance, Article 177 of the European Union Consolidated Treaties states, inter alia, that Community policy in the sphere of development co-operation, which shall be complementary to the policies pursued by member states, shall foster “the campaign against poverty in the developing countries”. Thus, poverty reduction is already anchored in the existing treaties. Last year, I joined six of my ministerial colleagues in an initiative, which secured the insertion in the text of the draft EU constitutional treaty of a reference to poverty reduction as the objective of EU development co-operation. As EU Presidency, Ireland has worked hard to strengthen the poverty reduction objective of the EU’s development policy.

The annual high level meeting of the OECD Development Assistance Committee, DAC, on 15 and 16 April last debated the relationship between security and development. While participants accepted that the DAC's ODA criteria should include, for example, activities designed to promote peace and stability through the creation of more accountable security forces or the reinforcement of a human rights culture in developing countries, there was general agreement that the traditional definition of ODA should be carefully protected in this debate and that the current criteria should not be broadened, apart from three minor clarifications of existing provisions.

African Peacekeeping Operations.

David Stanton

Question:

27 Mr. Stanton asked the Minister for Foreign Affairs his views on the formation of an African peacekeeping force with funding from the European Union; and if he will make a statement on the matter. [14494/04]

I was very pleased to be able to announce approval of the arrangements for the establishment of the new African Peace Facility during the recent EU-Africa troika meeting in Dublin.

The African Peace Facility is financed through an initial contribution of €250 million from the European Development Fund and is intended to provide non-military assistance to African peace support operations as well as improve the institutional capacities of the African Union and other relevant African sub-regional organisations in the areas of peacekeeping and conflict resolution. Although the African Union does have plans to establish an African stand-by force by 2010, the African Peace Facility will only be called upon at present to provide non-military support for African-led peacekeeping operations, either mounted directly by the African Union or by sub-regional organisations such as ECOWAS which have extensive experience in this area. It is envisaged that all peace support operations financed through the facility should have UN endorsement and also, as a general rule, the political approval of the African Union's Peace and Security Council.

The African Peace Facility has been established by the European Union in direct response to a request from the African Union leaders, meeting at their summit in Maputo last July. I am pleased that the EU, under the Irish Presidency, has been able to respond in such a timely fashion to this request. Through the assistance which it will provide, the African Peace Facility will directly help to save lives in Africa, through empowering African countries to mount effective peacekeeping efforts. Its establishment is also a demonstration of the EU's commitment to working with our African partners on conflict prevention and resolution and improving African peacekeeping capabilities.

Development Co-operation.

Tom Hayes

Question:

28 Mr. Hayes asked the Minister for Foreign Affairs his views on a recent publication by Trócaire entitled Ireland and the Developing World, Challenges for the Irish Government; and if he will make a statement on the matter. [14533/04]

I welcome the Trócaire publication, Ireland and the Developing World, Challenges for the Irish Government. The paper, which highlights many of the key issues facing the Government's programme of development co-operation, is an important contribution to the development debate in Ireland. The paper covers a number of thematic areas and sets out recommendations in relation to each. It is not possible for me, in the space of a reply to a parliamentary question, to respond to all of the points raised by Trócaire. The following comments, however, seek to address the principal concerns identified by Trócaire.

In regard to development assistance and the Millennium Development Goals, at the EU General Affairs and External Relations Council, GAERC, on 27 April, the Irish Presidency secured agreement on comprehensive Council conclusions covering the eight commitments, including a commitment on official development assistance, ODA, made by the EU at the International Conference on Financing for Development in March 2002. The Commission monitoring report on these commitments shows that the EU is well on track to meet the target of a collective average EU ODA of 0.39% of EU gross national income by 2006. The Council also had an extensive discussion on the reform of the EU aid programme. Ireland's national ODA is expected to approach €480 million in 2004, or 0.41% of GNP, an all time high.

In regard to trade, agriculture and food security, these inter-related issues are key agenda items for our EU Presidency and in our national programme of development assistance. At EU level, the member states and the Commission have taken a leading role in international efforts to put the Doha development round back on track after the setback at Cancun. The Agriculture Council has adopted a major reform of the EU's cotton, olive oil and tobacco sectors. The GAERC has adopted conclusions on the EU's approach to commodities and on the particular problems of African cotton producers. At the UN, the Irish Presidency is leading the EU in negotiations on the outcome of the eleventh UN Conference on Trade and Development, UNCTAD XI, which should support efforts to strengthen international confidence in the multilateral trading system. Nationally, Development Cooperation Ireland has worked closely with the Department of Enterprise, Trade and Employment to ensure that there is a strong development dimension in our national trade strategy.

In regard to debt and poverty reduction, on the initiative of the Presidency, EU Ministers discussed debt issues at the GAERC on 27 April. Ministers highlighted the need to address the coming into effect, at end 2004, of the sunset clause in the heavily indebted poor countries initiative, HIPC. They also stressed the importance of the work at the World Bank and the IMF on a new framework for supporting long-term debt sustainability in low income countries. We have used these discussions to promote our national debt policy, including our dissatisfaction with aspects of the HIPC.

With regard to a focus on Africa, the EU Presidency has had a strong focus on Africa. EU-Africa and EU-South Africa Ministerial Troika meetings were held in Dublin in April. The Minister for Foreign Affairs, Deputy Cowen, has visited Ethiopia, Eritrea, Rwanda and Burundi for discussions with their governments and to support UN efforts to implement the peace agreement between Ethiopia and Eritrea. I represented the EU at the EU-African Caribbean and Pacific, ACP, states ministerial meeting in Botswana in May. I have also visited Sierra Leone and Liberia recently. In April, the Council agreed to the funding of an EU Africa Peace Facility which will provide €250 million in support of African peacekeeping operations.

In regard to the HIV/AIDS pandemic, in February 2004, the EU Presidency held a major international conference in Dublin on the spread of HIV/AIDS in Europe and Central Asia. The conference adopted the Dublin Declaration which will provide the framework for fighting the disease in the region in the coming years. The Presidency, together with the Association of West European Parliamentarians for Africa, AWEPA, held a conference on HIV/AIDS and governance in Dublin in April. We will hold a meeting on the search for a HIV/AIDS vaccine in Dublin at the end of June. Nationally, we are spending over €40 million per year in our development assistance programme in the fight against AIDS.

In regard to conflict and development, in April, the Irish EU Presidency, together with the European Centre for Conflict Prevention, held an international conference in Dublin on the role of NGOs in conflict prevention. The Presidency has co-ordinated a written EU contribution to the work of the high level panel, established by the UN Secretary General, which will address new global challenges, including the challenge of conflict, and UN reform. The work of the panel, and the content of the EU contribution, deal with many of the issues raised by Trócaire.

In regard to international policy coherence and global governance, the Presidency has highlighted the spring meeting between the UN's Economic and Social Council, ECOSOC, the Bretton Woods Institutions and the World Trade Organisation as a key instrument for facilitating coherence at the international level. For this reason, the Presidency was represented at the 2004 spring meeting by the Minister for Finance. Nationally, Ireland is engaged in the discussions at the Bretton Woods Institutions on the issue of strengthening the voice of developing countries on the executive boards of the World Bank and the IMF, including through greater technical assistance to their constituencies, an increase in their basic votes and other possible reforms.

Foreign Conflicts.

Tom Hayes

Question:

29 Mr. Hayes asked the Minister for Foreign Affairs his views on reports that link the current leader of Rwanda with the shooting down of the plane carrying the former Rwandan President in 1994; and if he will make a statement on the matter. [14514/04]

I am aware of the reports which appeared in Le Monde newspaper last March, based on an internal French inquiry, alleging that President Paul Kagame of Rwanda was implicated in the shooting down of the plane carrying former Rwandan President Juvenal Habyarimana and his Burundian counterpart, Cyprian Ntayamira, on 6 April 1994. President Kagame, however, has vigorously denied any such involvement and the precise circumstances of what occurred on that day and who was responsible for the shooting down of the plane carrying the two Presidents still remains unclear and extremely difficult to determine. It is to be doubted whether a full and proper explanation of what occurred at that time will ever become available.

The horrific and completely unjustified killing of Presidents Habyarimana and Ntayamira in 1994 unleashed a traumatic chain of events from which Rwanda is still trying to recover. During my recent visit to Rwanda, I was genuinely impressed and moved by the progress which the government and people of Rwanda have made in rebuilding their country and launching a genuine process of national reconciliation to reunite all those who survived the genocide, including through the internal justice system known as gagaca which the EU has indicated its willingness to support.

The imperative at this stage must be for the international community to work with and support the people of Rwanda as they continue on the path of national recovery, and also to seek to ensure through our collective efforts that there is never again a repetition of what occurred in Rwanda in 1994. The European Union, for its part, will continue its constructive engagement with the Rwandan government and will pay particular attention to supporting the consolidation of democracy and promotion of human rights in Rwanda as the best means of fostering true national reconciliation among all Rwandans.

Human Rights Issues.

Joan Burton

Question:

30 Ms Burton asked the Minister for Foreign Affairs if in view of previous parliamentary questions he is in a position to indicate the number of prisoners being held in Iraq; when the report of the International Committee of the Red Cross was drawn to his attention; the details of such talks he or officials of his Department had with the International Committee of the Red Cross, and such similar agencies, as to prisoners’ welfare since the invasion of Iraq. [14538/04]

Joan Burton

Question:

55 Ms Burton asked the Minister for Foreign Affairs his views on the International Committee of the Red Cross’s view that the abuse of the prisoners in Iraq amounts to torture and that such abuse has been systematic; and his further views on whether such abuses have been drawn to the attention of US, United Kingdom, and other occupying forces as long ago as 2003. [14539/04]

I propose to take Questions Nos. 30 and 55 together.

I am not aware that any figures on the number of prisoners being held in Iraq have been issued by the authorities concerned or any authoritative body such as the ICRC. I have not officially received a copy of the ICRC report. The report in question is strictly confidential and intended only for the authorities to whom it is presented. The ICRC expressed its concern that this report was made public without its consent and the possible damage this might cause. Consequently, the ICRC would not be in a position to discuss the issue of prisoners' welfare since the invasion of Iraq with any third party. Therefore, neither I nor my officials have had discussions with the ICRC on this issue.

It is clear that concerns in the ICRC interim report were brought to the attention of the relevant authorities prior to the presentation of the report in February. The ICRC director of operations has stated that the report represents the summary of concerns that were regularly brought to the attention of the coalition forces throughout 2003. The ICRC director of operations went on to explain that this is a routine part of the process through which the ICRC works.

It is clear that some prisoners were subjected to severe ill-treatment. Whether this comes within the international legal definition of torture would have to be decided by a competent legal body. There is no doubt that the appalling treatment meted out was contrary to international human rights norms and was totally unacceptable.

A recent press release from the ICRC notes that ICRC delegates and officials have met representatives of the coalition forces to present them with serious concerns regarding the treatment of persons protected by the third and fourth Geneva Conventions whom the coalition forces are holding in Iraq. The Government has from the outset called on all parties in the conflict to respect their obligations under international law both in regard to the status of civilians and in regard to prisoners of war.

The Government's position is in keeping with the public pronouncements of UN Secretary General Annan. Moreover, Security Council Resolution 1483 of 22 May 2003 calls upon all concerned to comply fully with their obligations under international law. The treatment of prisoners of war is specifically covered by the third Geneva Convention. In line with this, the Government and the European Union has publicly and strongly condemned any incidents of abuse of prisoners in Iraq by occupying forces which have taken place as contrary to international humanitarian law.

Question No. 31 answered with QuestionNo. 12.

European Defence and Security.

Bernard J. Durkan

Question:

32 Mr. Durkan asked the Minister for Foreign Affairs the extent to which European defence and security commitments are evolving with particular reference to Ireland’s role in such structures in the future; and if he will make a statement on the matter. [14622/04]

I am pleased to confirm to the Deputy that, as is reflected in conclusions adopted at this month's meeting of the General Affairs and External Relations Council, European defence and security commitments as they arise in the context of the EU's European Security and Defence Policy, ESDP, are continuing to develop in a positive and constructive way. Ireland's role in the evolution of ESDP is also developing in a similarly positive manner and in accordance with our traditional policy of military neutrality.

In keeping with established practice, the Irish Presidency will be submitting a progress report on ESDP issues for adoption by the June General Affairs and External Relations Council, prior to onward transmission to the European Council. The report will reflect how, in our capacity as EU Presidency, we have sought to facilitate enhancement of the EU's ability to engage as a force for peace through peacekeeping and crisis management missions, particularly in support of the United Nations.

EU-UN relations in the area of peacekeeping and crisis management are advancing well. Since the September 2003 Joint EU-UN Declaration on these issues, detailed consideration has been given to the scope for EU rapid deployment capacity to be made available in support of the UN. I hope to see concrete results achieved in this regard by the end of June 2004.

In addition to EU police missions which are currently under way in Bosnia-Herzegovina and the Former Yugoslav Republic of Macedonia, solid progress has also been made on planning for the anticipated EU follow-on mission to the current UN authorised NATO led SFOR mission in Bosnia-Herzegovina. Progress is also being made in the area of EU support for development of peacekeeping/crisis management capacity by the African Union and other African regional organisations. The EU's own capabilities for both military and civilian crisis management are also being advanced, including in the area of planning. Proposals for further development of such capabilities over the longer term are also being taken forward.

Security and defence issues also remain under consideration at EU level in the context of ongoing discussions on the draft constitutional treaty. While the overall negotiations on the draft treaty have yet to be concluded, I am satisfied that the security and defence provisions are developing in a manner which is fully consistent with the Government's position on Ireland's non-participation in a mutual defence commitment, as set out in our national declaration at the Seville European Council in June 2002.

Question No. 33 answered with QuestionNo. 25.

Situation in Eritrea.

Pat Breen

Question:

34 Mr. P. Breen asked the Minister for Foreign Affairs his views on the situation in Eritrea; the matters discussed with the President of Eritrea whom he met recently; and if he will make a statement on the matter. [14493/04]

The Deputy will be aware that I led an EU Troika mission to Eritrea and Ethiopia from 4 to 6 April at a time of heightened tension between the two countries. The purpose of the EU mission was to deliver a strong message to both countries on the need for immediate demarcation of the common border and co-operation with the UN.

My meeting with President Isaias on 4 April in Asmara took place in a constructive atmosphere. Comprehensive terms of reference had been agreed within the EU for the meeting with the President and these dealt exclusively with border demarcation and related issues, including relations with UNMEE, confidence-building measures, and the willingness of the EU to work with both parties and the UN to overcome the current impasse.

Principal among the issues raised by me was Eritrea's continued refusal to meet with the UN Special Envoy to Ethiopia and Eritrea, Mr Lloyd Axworthy. The special envoy was appointed in January 2004 by the UN Secretary General to facilitate efforts by both countries to resolve the impasse over border demarcation. As a result of our conversation, the President agreed to engage with the special envoy subject to clarification of the special envoy's mandate. I have since exchanged correspondence with President Isaias on this issue and the Presidency has also maintained close contact throughout with the Office of Secretary General Annan. The matter is now one to be resolved between the UN and Eritrea and it is my sincere hope that this will be successful.

Situation in Iran.

Simon Coveney

Question:

35 Mr. Coveney asked the Minister for Foreign Affairs if he will report on the political situation in Iran; if he will advise on the humanitarian situation in the wake of the Bam earthquake and of the progress being made to restore housing and living conditions in the region; and if he will make a statement on the matter. [14525/04]

Conservative forces achieved victory in the parliamentary elections in Iran on 20 February. However, the victory was tainted by the interference in the electoral process by the Council of Guardians, who disqualified a large number of candidates prior to the election. The new Majlis will begin its term on 27 May. The February General Affairs and External Relations Council expressed its deep regret that candidates were prevented from standing in the Majlis elections and its hope that Iran would return to the path of reform and democratisation. On his recent visit to Dublin, Foreign Minister Kharrazi noted that, as Iranian foreign policy had been based on internal consensus, it will not change with the establishment of the new Majlis.

The earthquake that struck the ancient Iranian city of Bam on the morning of 26 December 2003 left the city and surrounding communities utterly devastated. Some 87% of the structures in Bam collapsed, including houses, schools and health centres. The earthquake killed an estimated 26,000 people, left some 30,000 injured and over 80,000 homeless.

According to the International Federation of the Red Cross, the general living conditions of people in Bam have improved over the intervening months as families are moving from tents into prefabricated housing. There is slow progress in clearing the rubble and on reconstruction works in the city. Although the situation has generally improved, many families continue to live in tents along the roadside. There is still also a great need for medical care and treatment. There is insufficient access to good quality water and sanitation is of serious concern. Relief operations are now integrating into longer-term recovery, rehabilitation and reconstruction programmes.

On the day the earthquake struck, the Government allocated €1 million in humanitarian funding for the rescue operation and for immediate humanitarian needs. This funding was divided between the Red Cross/Red Crescent and the United Nations Office for the Co-ordination of Humanitarian Affairs. Ireland has been commended by the United Nations for being one of the first donors to respond to the disaster.

As the situation has moved from one of emergency relief to recovery, further funding of €570,000 was allocated to our Irish NGO partners Concern and Trócaire in February of this year. This funding has now been fully disbursed and is being used to rehabilitate schools and to provide housing and local infrastructure in Bam and the surrounding villages.

Further assistance for the victims of the disaster will be considered by the Government in light of needs assessments and situation reports from the United Nations, Red Cross and other relevant humanitarian agencies.

Northern Ireland Issues.

Kathleen Lynch

Question:

36 Ms Lynch asked the Minister for Foreign Affairs the matters discussed and conclusions reached at the meeting of the British-Irish Intergovernmental Conference in London on 21 April 2004. [14555/04]

Together with the Secretary of State for Northern Ireland, Mr. Paul Murphy MP, I co-chaired a meeting of the British-Irish Intergovernmental Conference in Millbank, London on 21 April 2004. The Minister of State at the Department of Foreign Affairs, Deputy Kitt, accompanied me at the meeting. The Secretary of State was accompanied by John Spellar, MP, and Ian Pearson, MP, Ministers of State at the Northern Ireland Office.

The conference on 21 April reviewed political developments, including the recent publication of the report of the Independent Monitoring Commission and the two Governments' responses to its conclusions and recommendations. The conference stressed that political stability in Northern Ireland required a definitive end to all forms of paramilitarism.

The conference also stressed the importance of engagement between all the political parties, including through the review of the operation of the Agreement. Both Governments re-affirmed their commitment to the full implementation of the Agreement, the early restoration of devolved government on an inclusive basis in Northern Ireland and the full operation of all the political institutions of the Agreement.

The conference reviewed progress on the implementation of the non-conditional commitments made in the Joint Declaration. It welcomed recent developments, including the review of section 75 of the Northern Ireland Act 1998, the preparation of a consultation paper on the Single Equality Bill and the recent announcement by the Secretary of State that the Irish language TV and film production fund would come on stream by July 2004.

The conference also discussed the Cory reports. I confirmed that the preparations were under way for a public inquiry into the murders of RUC officers Breen and Buchanan and urged the British Government to establish a public inquiry into the murder of Patrick Finucane, as recommended by Justice Cory, as soon as possible. There was also a discussion of the recent difficulties affecting the Northern Ireland Human Rights Commission and of the establishment of a forum on the Bill of Rights for Northern Ireland.

The Conference also reviewed security and criminal justice issues. It welcomed the peaceful beginning to the marching season and noted the important work of those who continually strive to diffuse tensions on the ground. Cross-Border justice and security co-operation and the Justice (NI) Bill were also discussed. There was a discussion on the respective current work programmes of the North-South Ministerial Council and the British-Irish Council, as well as an exchange of views on the proposed amendment to Article 9 of the Irish Constitution relating to citizenship and its application to Northern Ireland.

I raised the concerns of some sporting organisations in Northern Ireland with regard to funding and also about the restrictions that currently prevent Irish citizens from holding certain positions in the Northern Ireland Civil Service. I have arranged for copies of the conference communiqué to be placed in the Oireachtas Library.

Human Rights Issues.

Michael D. Higgins

Question:

37 Mr. M. Higgins asked the Minister for Foreign Affairs if he has raised the recently documented abuses in flagrant violation of the basic tenets of international law and the Geneva Convention in particular by the armed forces of countries with whom Ireland enjoys friendly relations, such as the United Kingdom and the United States; the parties with which he has raised these issues; and the outcome of such discussions. [14536/04]

Bernard Allen

Question:

53 Mr. Allen asked the Minister for Foreign Affairs his views on the situation in Iraq; if the treatment of prisoners in Iraq has been discussed with any of his European Union counterparts; and if he will make a statement on the matter. [14523/04]

Trevor Sargent

Question:

61 Mr. Sargent asked the Minister for Foreign Affairs if the abuse of Iraqi prisoners by US soldiers in violation of the Geneva Conventions has been raised with the United States Administration by the Government or by him on behalf of the European Union; and if he will make a statement on the matter. [14667/04]

Thomas P. Broughan

Question:

84 Mr. Broughan asked the Minister for Foreign Affairs if he will give details of such discussions as he may have had with Foreign Ministers of the EU and other countries on the report of the International Committee of the Red Cross on Iraq, and on the recently published pictures of the abuse of prisoners in Iraq. [14540/04]

Michael D. Higgins

Question:

99 Mr. M. Higgins asked the Minister for Foreign Affairs if he has, on behalf of the Presidency of the European Union, and on Ireland’s behalf, condemned the abuses of prisoners in Iraq by occupying forces as documented by the International Committee of the Red Cross. [14537/04]

I propose to take Questions Nos. 37, 53, 61, 84 and 99 together.

The Government has publicly and strongly condemned the mistreatment and abuse of prisoners in Iraq by US and UK forces. We made our concerns known directly to the US and UK authorities when the allegations first came to light.

The Government fully supports the recent insistence by UN Secretary General, Kofi Annan, that all detainees should be fully protected in accordance with the provisions of international human rights law. Moreover, Security Council Resolution 1483 of 22 May 2003 calls upon all concerned to comply fully with their obligations under international law. The treatment of prisoners of war is specifically covered by the third Geneva Convention.

On Monday, the EU Council of Ministers, acting on the initiative of the Irish Presidency, adopted the following conclusions: The Council expressed its abhorrence at recent evidence of the mistreatment of prisoners in Iraqi prisons. The Council condemned any instances of abuse and degradation of prisoners in Iraq, which are contrary to international law, including the Geneva Conventions. The Council welcomed the commitment by the relevant governments to bring to justice any individuals responsible for such acts involving the abuse of Iraqi detainees, and their commitment to rectify any failure to adhere to international humanitarian law.

I have also been active in ensuring that similar statements were included in the Presidency conclusions issued after last week's EuroMed ministerial meeting in Dublin and in the joint communiqué adopted at Monday's meeting between the EU and the Gulf Co-operation Council.

The issue of the abuse of prisoners by US personnel was raised at last Friday's meeting between G8 Foreign Ministers and President Bush and at the subsequent ministerial meeting, both of which I attended. Both President Bush and Secretary of State Powell condemned the mistreatment of prisoners in the strongest possible terms and expressed the Administration's determination that those responsible should be brought to justice.

The UK Foreign Secretary, Jack Straw, briefed the EU External Relations Council yesterday on his government's investigation into allegations of prisoner abuse. He made clear that such abuse would not be tolerated, that all allegations were being thoroughly investigated and that anybody found to be responsible for the mistreatment of prisoners would be brought to justice. He confirmed that recent photographs published by the Daily Mirror showing abuse of Iraqi prisoners by British troops were forgeries.

The recent evidence of prisoner abuse in Iraq has reminded the entire international community of the need to respect and maintain international law in relation to the treatment of prisoners. The Government will continue to work to reinforce this point and thereby ensure that something positive may yet come from this appalling episode.

Situation in Burma.

Eamon Ryan

Question:

38 Mr. Eamon Ryan asked the Minister for Foreign Affairs if he will report on recent representations by the Government to the Burmese Government concerning the detention of a person (details supplied); and if he will make a statement on the matter. [14673/04]

Gerard Murphy

Question:

50 Mr. Murphy asked the Minister for Foreign Affairs if the Government has had contact with the Burmese authorities in connection with the detention of a person (details supplied); and if he will make a statement on the matter. [14496/04]

Joe Costello

Question:

51 Mr. Costello asked the Minister for Foreign Affairs the progress which been made in relation to Burma as might have justified the recognition by the Government of the military regime in that country while the imprisonment under house arrest of Aung San Su Chi continues. [14543/04]

Simon Coveney

Question:

58 Mr. Coveney asked the Minister for Foreign Affairs the reason the Government has started to refer to Burma as Myanmar in recent months; his views on the message that this may send to the military rulers of Burma; and if he will make a statement on the matter. [14497/04]

I propose to take Questions Nos. 38, 50, 51 and 58 together.

Both Ireland, and our EU partners, remain strongly critical of the continued detention under house arrest of Daw Aung San Suu Kyi, the absence of political progress, serious and persistent human rights abuses and the lack of fundamental freedoms in Burma.

The External Relations Council of 17 and 18 May 2004 adopted conclusions on Burma, which expressed the EU's concern and deep disappointment at the failure of the Burmese authorities to release Daw Aung San Suu Kyi, or allow the National League for Democracy to reopen its offices. The conclusions also reiterated the EU's commitment to democratic change in Burma and our determination to work with our Asian partners to this end.

The EU Common Position on Burma, which provides for a visa ban on members of the regime and a freeze on all their financial assets in the European Union, was rolled over for a further 12 months at the External Relations Council of 26 and 27 April 2004.

Throughout our participation in the troika, and during our Presidency, Ireland has ensured that Burma is included in our political consultations with third countries. Burma was therefore included in the agenda for the EU Ministerial Troika to India on 16 February, and was discussed during the troikas at political director level with China on 26 February, and Japan on 27 February.

The EU's concerns about Burma also featured in discussions at the ASEM Foreign Ministers' meeting ASEM FMM, which I hosted in Kildare, in April 2004. Ministers said that they looked forward to the early lifting of the remaining restrictions placed on Daw Aung San Suu Kyi and the National League for Democracy.

Since the ASEM Foreign Ministers' meeting, Ireland continues to work with Burma's Asian neighbours to encourage them to bring their influence to bear on Rangoon. For this reason, I decided to appoint a special envoy to the region, Mr John Campbell, who formerly served as Ireland's Permanent Representative to the European Union and the United Nations at New York, and as Ambassador to China, France and Portugal.

Deputies will be aware that the National League for Democracy, NLD, announced on 14 May 2004 that it would not participate in the National Convention, which reconvened on 17 May 2004, because of the junta's refusal to release Daw Aung San Suu Kyi and to reopen NLD offices.

The Government normally refers to the country as Burma, though in the press release announcing the establishment of diplomatic relations Myanmar was used as a courtesy. In EU documentation, Burma/Myanmar is the usual usage. The country is known officially at the United Nations as Myanmar.

Our goals continue to be the return of democracy to Burma, an end to human rights violations and the realisation of peace and prosperity for the long suffering people of Burma.

EU-US Summit.

Billy Timmins

Question:

39 Mr. Timmins asked the Minister for Foreign Affairs the matters to be discussed with US President Bush in June 2004; the duration and number of meetings to be held with the President when here; and if he will make a statement on the matter. [14518/04]

Joe Costello

Question:

72 Mr. Costello asked the Minister for Foreign Affairs if an agenda for the planned EU/US summit to be attended by President Bush in June 2004 has been finalised; if a location has been agreed; and if he will make a statement on the matter. [14544/04]

I propose to take Questions Nos. 39 and 72 together.

The Government attaches considerable importance to the EU's relationship with the US and we look forward to continuing our work as EU Presidency to enhance this close transatlantic partnership. There has been a noticeable improvement in the relationship since last year and as EU Presidency, we are building on this improvement. We aim to deliver a summit that restores stability and vitality to the EU-US relationship and reconfirms the importance of this partnership.

We are currently working closely with our EU partners and the US authorities on the preparation of this important meeting. The summit will be held in Dromoland Castle, County Clare. President Bush is scheduled to arrive on the evening of 25 June and the summit will take place on the morning of 26 June, followed by a working lunch. After a press conference, President Bush will depart. At the summit, the EU will be represented by the Taoiseach and myself. President Prodi will lead the Commission delegation and High Representative Solana will also attend.

While the agenda for the summit has not yet been finalised, it would be our expectation that following the appalling act of terrorism perpetrated against innocent people in Madrid in March, counter-terrorism will be a key area of co-operation with the US for discussion at the summit. As regards other international issues, we anticipate that the Arab-Israeli peace process, as well as wider relations with the Middle East region, all aspects of the Iraqi situation, Afghanistan, North Korea and non-proliferation are some of the issues which are likely to feature in our discussions. The summit is also likely to highlight the continued commitment and leadership of the EU and the US in the global fight against HIV/AIDs.

On economic and trade issues, too often the focus tends to be on disputes rather than on areas of co-operation. For that reason, we believe it is important to put these differences into perspective and, under Ireland's Presidency, we are concentrating on the positive economic agenda between the EU and the US, while seeking to manage effectively the limited number of outstanding disputes, which account for less than 3% of overall trade. It is expected that the EU-US Summit will recognise the need to strengthen and widen the transatlantic economic relationship to include the many aspects which affect our investment relationship as well as trade in goods and services. In order to advance this objective, the summit is likely to consider how to conduct a fundamental reassessment of all aspects of our bilateral economic relationship, identify any underlying impediments to trade and investment and accelerate their elimination, as well as identify areas for increased integration and growth. The summit is likely to acknowledge the valuable role played by business, consumer and other organisations in this process.

I believe a close EU-US partnership is central to prosperity and growth on both sides of the Atlantic and is key to addressing many of the issues on the international agenda. Our belief as EU Presidency is that the best way to restore confidence in the relationship is to focus on pragmatic co-operation on specific issues and to consult regularly and honestly with each other on an ongoing basis. As Presidency, we are working to reaffirm the strength, depth and significance of this relationship in a spirit of partnership with the aim of concluding a successful summit on June 26.

Question No. 40 answered with QuestionNo. 10.

Cypriot Referendum.

Paul Kehoe

Question:

41 Mr. Kehoe asked the Minister for Foreign Affairs his views on the recent referendum in Cyprus regarding reunification of the island; and if he will make a statement on the matter. [14498/04]

The Government regret that following the outcome of the referendums in Cyprus on 24 April, the accession of a united Cyprus was not possible on 1 May. The accession of a united Cyprus had been the strong preference of the European Union.

I would like to place on record again the deep appreciation of the Government for the determined and sustained efforts of UN Secretary General, Kofi Annan, and his colleagues in the search for a comprehensive settlement of the Cyprus problem. We also welcome the positive role played by the Governments of Greece and of Turkey.

The meeting of the General Affairs and External Relations Council, which I chaired on 26 April, reviewed the situation in the light of the referendum results. The Council expressed its determination to ensure that the people of Cyprus will soon achieve their shared destiny as citizens of a united Cyprus in the European Union. The Council noted that, through the referendum, the Turkish Cypriot community have expressed their clear desire for a future within the EU. It expressed our determination to end the isolation of the Turkish Cypriot community and to facilitate the reunification of Cyprus by encouraging their economic development.

In the coming weeks, at the request of the Council, the Commission will present comprehensive proposals on assistance for the Turkish Cypriot community, with particular emphasis on the economic integration of the island and on improving contacts between the two communities and with the EU. The Commission proposals will also include measures to implement the recommendation by the Council that the €259 million already earmarked for the northern part of Cyprus in the event of a comprehensive settlement should now be used to promote the economic development of the Turkish Cypriot community.

The UN Secretary General is expected to submit a full report to the UN Security Council in the near future on his mission of good offices on Cyprus. This will include his account of the negotiations he undertook with the parties, which led up to the referenda on 24 April. Secretary General Annan is expected to draw conclusions and to make recommendations to the Security Council. We will be paying very close attention to his report and to the response of the Security Council.

Ministerial Visits.

Ruairí Quinn

Question:

42 Mr. Quinn asked the Minister for Foreign Affairs if he will make a statement on his recent visit to Egypt and his meeting with representatives of the Arab League. [14565/04]

Following the postponement of the Arab League Summit scheduled for 22 March, I travelled to Cairo, where I met the Secretary General of the Arab League, Mr Amre Moussa and with the President of Egypt, Mr Hosni Mubarak, in order to offer the support of the Presidency to their efforts to ensure that the summit was reconvened at an early date. I am very pleased to be able to inform the House that the summit is now expected to be reconvened this coming weekend and I hope to participate in it.

In addition to my discussions with President Mubarak and Mr. Moussa on the reconvening of the summit, we also exchanged views on a number of important issues affecting the region, including the Israel-Palestine conflict, the situation in Iraq, and the EU's proposed strategic partnership for the Mediterranean and Middle East.

Question No. 43 answered with QuestionNo. 17.
Question No. 44 answered with QuestionNo. 11.

Breeda Moynihan-Cronin

Question:

45 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if he will make a statement on his recent visit to Rwanda and his address to mark the tenth anniversary of the genocide in that country. [14559/04]

I was very honoured to represent the European Union, and to demonstrate its full solidarity with the Rwandan people, at the commemoration ceremonies to mark the tenth anniversary of the genocide in Rwanda which took place in Kigali on 7 April 2004. The ceremonies themselves and the dignity of the Rwandan people, including survivors of the genocide, who attended were deeply moving, as well as providing testimony of the impressive progress which Rwanda has made in recovering from the horrific and traumatic events of ten years ago.

In my address at the commemoration ceremonies, I emphasised that the international community must learn from the mistakes which were made both before and during the 1994 genocide. The European Union has been working hard to take on board the lessons deriving from Rwanda's experience, through improving its capacities to react quickly to crisis situations and focusing more on conflict prevention as a goal in our foreign policy. I also made clear the EU's support for the proposals of the UN Secretary General for a stronger UN role in the effective prevention of genocide.

The challenge of how to prevent such atrocities as the 1994 genocide recurring will continue to be a major preoccupation for the European Union and its common foreign and security policies as we go forward. The reality is also, as I stated in Kigali, that if we really want to avoid a repetition of the horrors of 1994, then Africa must occupy a higher priority in the international agenda and this is precisely why we have accorded such priority to African issues during our Presidency.

During my visit to Kigali, I also had the opportunity to meet with Foreign Minister Murigande of Rwanda. We discussed a range of issues, including developments within Rwanda and in the Great Lakes region as a whole. I commended Rwanda for the leading and constructive role which it has played in relation to the proposed international conference on the Great Lakes region. I also emphasised the EU's desire to deepen its political dialogue with the Rwandan government within the framework of the Cotonou Agreement, particularly on issues such as democracy and human rights which can contribute greatly to the promotion of national reconciliation within Rwanda.

State Visits.

Thomas P. Broughan

Question:

46 Mr. Broughan asked the Minister for Foreign Affairs if he discussed the abuse of human rights in China and the position of Falun Gong practitioners in particular with the Prime Minister of China in his recent visit here. [14541/04]

Emmet Stagg

Question:

57 Mr. Stagg asked the Minister for Foreign Affairs the matters discussed and conclusions reached at his meeting with the Chinese Prime Minister, Mr. Wen Jiabao; if the issue of human rights abuses were raised; and if he will make a statement on the matter. [14550/04]

Jack Wall

Question:

67 Mr. Wall asked the Minister for Foreign Affairs if he has raised with the Prime Minister of China in his recent visit here the widespread concern at the suppression of human rights in Tibet. [14542/04]

I propose to take Questions Nos. 46, 57 and 67 together.

The Chinese Premier, Mr Wen Jiabao, visited Ireland on 11 and 12 May 2004, as part of his first official visit to Europe. In the course of his visit, he had official talks with the Taoiseach, attended a business breakfast hosted by the Tánaiste, which was attended by over 100 Irish business people, and paid a courtesy call on the President. He also visited the National Technology Park and the University of Limerick.

I accompanied the Taoiseach during his official talks with Premier Wen at Dublin Castle on 11 May, at which Premier Wen was accompanied by Foreign Minister, Mr Li Ziaoxing, Minister of Commerce, Mr Bo Xilai, and Minister for National Development, Mr Ma Kai. There were two broad themes for discussion during the talks, Ireland's bilateral relations with China, including political co-operation, investment and trade relations, culture, education and human rights, and EU-China relations. We also reflected on regional and international issues of common concern, including ASEM, the Asia Europe Meeting, non-proliferation and the Korean Peninsula.

On bilateral relations, both sides agreed that while relations have developed significantly in recent years to our mutual benefit, there remains much potential for further engagement across a wide range of issues, including co-operation in the fields of education, software, information technology, construction services and agricultural development. Premier Wen, the spectacular economic advances achieved by China in its own right notwithstanding, emphasised throughout his hope that his government could yet gain insight from the experience of Ireland in economic and social development. We also agreed that cultural exchanges, such as the recently launched Irish cultural festival in China, will encourage better understanding, as will the increased tourism between the two countries that should result from the signature of the new Authorised Destination Status, ADS, Agreement between China and Ireland.

We also raised the issue of the human rights situation in China, which is a constant point of discussion with the Chinese authorities at both national and European Union level. During the discussions, we outlined Ireland's strong commitment to the protection and promotion of human rights and fundamental freedoms. Both sides agreed on the importance of co-operation and dialogue in working together to bring about respect for international obligations. Premier Wen noted that the continuing EU-China Human Rights Dialogue was particularly useful in this regard. The Premier reported on the measures his government are taking in the field of human rights, which included the addition of an express provision on human rights into China's constitution earlier this year. At the same time, he outlined the difficulties China continues to face in its work to guarantee the right of subsistence to the entirety of its 1.3 billion people.

We emphasised that Ireland is willing to share our experience and expertise with China in relation to human rights, and in this regard we looked forward to the first EU-China Seminar on ratification of the International Covenant on Civil and Political Rights, ICCPR, which will take place at the end of our Presidency in Beijing. Both sides looked forward to further discussion of these and other matters during the next session of the Human Rights Dialogue, which is scheduled to take place next September, at which experts will continue to discuss particular issues including Tibet, and the protection of freedom of religion and expression, which have a particular impact on practitioners of Falun Gong.

Northern Ireland Issues.

Kathleen Lynch

Question:

47 Ms Lynch asked the Minister for Foreign Affairs his views on the decision of the British authorities not to proceed with the establishment of a public inquiry into the circumstances of the murder of a person (details supplied) as recommended in the Cory report; and if he will make a statement on the matter. [14556/04]

On 1 April last, the British Government published reports by Judge Peter Cory into the murders of Pat Finucane, Rosemary Nelson, Robert Hamill and Billy Wright. At that time, I welcomed the publication of those reports and the announcement that inquiries will be held into the circumstances of the murders of Rosemary Nelson, Robert Hamill and Billy Wright, as recommended by Judge Cory.

I also expressed disappointment, however, at the decision of the British Government to delay a decision on the judge's recommendation that a public inquiry be established quickly into the circumstances of the murder of Pat Finucane.

Recently, Judge Cory made clear again in his statement in Washington to the Helsinki Commission hearings his view that this was one of the rare instances where a public inquiry should take precedence over a prosecution if there is to be peace in the community. He went on to say that until that happened, "then suspicion grows like a cancerous sore and just will grow greater and greater until the exploration is made". His comments clearly underline his conviction that a public inquiry should he held without delay. The Government shares this view, as the Taoiseach has previously made clear to this House.

The case of Pat Finucane has been and remains a cause of the most serious concern. The Finucane family has called for a public inquiry for over 14 years. Like the other three families involved, they want and are entitled to see the timely establishment of inquiries into all of the cases, in full accordance with the commitments made by the two Governments at Weston Park in August 2001. I will continue to express this view to the British Government, and will urge that a public inquiry should be established as soon as possible.

Ministerial Meetings.

Dan Boyle

Question:

48 Mr. Boyle asked the Minister for Foreign Affairs if he will report on his meeting in April 2004 with the Spanish Foreign Minister, Mr. Miguel Ángel Moratinos; and if he will make a statement on the matter. [14668/04]

I had the pleasure of meeting the Minister for Foreign Affairs of Spain, Mr. Miguel-Ángel Moratinos, in Dublin on 20 April 2004. The Deputy may wish to note that this was the first overseas visit by Minister Moratinos since his appointment as Foreign Minister and I was especially grateful to him for travelling to Dublin so soon after his appointment.

During my meeting with Minister Moratinos we discussed a range of EU and international issues. These included the IGC, in regard to which Minister Moratinos expressed his support for the Presidency's approach and set out the views of the new Spanish Government.

Concerning international issues, we had a very constructive exchange of views on Iraq, the Middle East and the forthcoming EU-Latin America and Caribbean Summit, due to be held in Guadalajara on 28 May 2004.

Question No. 49 answered with QuestionNo. 11.
Question No. 50 answered with QuestionNo. 38.
Question No. 51 answered with QuestionNo. 38.

Foreign Conflicts.

Liz McManus

Question:

52 Ms McManus asked the Minister for Foreign Affairs the latest information received from the authorities in Burundi regarding the circumstances of the murder of a person (details supplied); the progress that has been made with regard to efforts to bring those responsible to justice; and if he will make a statement on the matter. [14557/04]

I raised the ongoing investigation by the Burundian authorities into the murder of Archbishop Michael Courtney last December when I met with both President Ndayizeye and Foreign Minister Sinunguruza in Bujumbura on 8 April 2004.

The Foreign Minister informed me that the investigation by the Burundian public prosecutor is still ongoing and efforts are still being made to apprehend three other individuals suspected by the Burundian authorities of involvement in the murder. The Deputy will be aware that one individual is already in custody on suspicion of involvement in the ambush which resulted in the nuncio's death. No date has as yet been set for the trial of this individual. The Foreign Minister confirmed that he has communicated to the judicial authorities in Burundi the wish of the Irish Government that the suspect now in custody not be sentenced to death, should he be found guilty. I requested Foreign Minister Sinunguruza to ensure that the Government continues to be kept fully informed, through appropriate diplomatic channels, of all developments in relation to this case.

The Government will continue to monitor closely developments in relation to this very troubling case, both directly with the Burundian authorities and through other sources, including via our Ambassador to the Holy See.

Question No. 53 answered with QuestionNo. 37.

Emigrants Status.

Jimmy Deenihan

Question:

54 Mr. Deenihan asked the Minister for Foreign Affairs if his attention has been drawn to the difficulties being experienced by thousands of undocumented Irish emigrants in the USA; if he will report on recent Government initiatives to regularise the status of these persons; and if he will make a statement on the matter. [14614/04]

During my visit to Washington on 2 March, I discussed the situation and status of Irish emigrants in the United States with a number of prominent US politicians.

I met with Senator Chuck Hagel who, together with Senator Tom Daschle, the Democratic Leader in the Senate, has recently initiated a Bill in Congress which would enable undocumented foreign nationals in the US to legalise their status if they fulfilled certain conditions. This initiative followed the announcement by President Bush of his proposal, Fair and Secure Immigration Reform, which also seeks to address the situation of undocumented foreign workers in the US. I welcomed the Daschle-Hagel initiative which I see as a constructive effort to deal with the situation of the undocumented in the US in a pragmatic and compassionate way. I had previously welcomed President Bush's initiative when it was announced in January.

I also met with Senator Edward Kennedy who was working on proposals for an immigration initiative. I understand that since our meeting he has introduced a new immigration reform Bill this month entitled the Safe, Orderly Legal Visas and Enforcement Act, the SOLVE Act. Under his proposals, immigrants who have been in the US for five or more years on the date of introduction, 4 May 2004, and can demonstrate two years in aggregate of employment, including self-employment, in the US and payment of taxes would be eligible for legalisation. The principal applicant's spouse and unmarried children under 21 years of age are also eligible. Applications will be adjudicated outside the current caps on visas. Current grounds of inadmissibility related to undocumented status would be waived.

Also, applicants would be able to travel and work with authorisation while their application is pending. The Bill would also extend the current system for reunification of immigrant families and aims to reduce processing backlogs.

The Bill would address the need for temporary workers in low-skilled positions and would include a path to permanent residency, wherein an employer could immediately petition for a worker upon initial employment or a worker could self-petition after two years of employment. The Department of Labour must approve, through a strengthened attestation process, that US workers are not available and that the employment of foreign workers will not adversely affect the wages and working conditions of US workers.

I welcome this initiative which goes further than other recent immigration initiatives in providing opportunities for undocumented immigrants to regularise their status.

Each of these initiatives will have to follow the legislative paths within Congress. However, I was pleased to have this early opportunity to flag our concerns about the position of Irish emigrants in the US. I will continue to monitor the progress of these initiatives closely in the coming months.

Question No. 55 answered with QuestionNo. 30.

Humanitarian Assistance.

Jan O'Sullivan

Question:

56 Ms O’Sullivan asked the Minister for Foreign Affairs the humanitarian assistance the Government has provided to help the victims of the recent serious train disaster in North Korea; and if he will make a statement on the matter. [14563/04]

On 22 April 2004, a massive explosion occurred at Ryongchon railway station in the Democratic People's Republic of Korea when railway wagons, reported to be loaded with highly-combustible ammonium nitrate, detonated and exploded.

Initial reports of casualties caused by the explosion varied greatly. There were early reports that up to 3,000 people had perished. However, latest assessments indicate that the train disaster has left 161 people dead and approximately 1,300 people injured. Among the dead were 76 children, whose school was destroyed in the blast. Some 1,850 homes were also destroyed and over 6,000 more sustained partial damage.

The Government responded immediately to appeals for international assistance for victims of the disaster and on 23 April funding of up to €200,000 in emergency assistance was approved. Of this funding, €100,000 has been allocated to the International Federation of the Red Cross for its disaster appeal. The Red Cross has requested US$1.25 million for 12 months to assist 2,000 families affected by the explosion. Temporary shelter, blankets, food and medical assistance have been provided to those left homeless by the disaster and further rehabilitation assistance will be provided by the Red Cross in the coming months.

Further assistance for victims of the disaster will be considered by the Government in the light of needs assessments and situation reports from the United Nations, Red Cross and other relevant humanitarian agencies.

In the past year, approximately €900,000 has been provided by the Government for ongoing humanitarian operations in the Democratic People's Republic of Korea. This funding has been channelled through the World Food Programme, WFP, and the NGO, Concern, and aims to meet food needs as well as bringing about improvements in water supply and sanitation.

Question No. 57 answered with QuestionNo. 46.
Question No. 58 answered with QuestionNo. 38.

European Council Meetings.

John Deasy

Question:

59 Mr. Deasy asked the Minister for Foreign Affairs the cost of holding a meeting of European Ministers for Foreign Affairs at Tullamore; the value of sponsorship which was associated with the meeting; and if he will make a statement on the matter. [14534/04]

The informal meeting of European Union Foreign Ministers took place in Tullamore on 16 and 17 April 2004.

As a number of invoices are still outstanding, it is not possible at this stage to say what was the cost of holding the meeting. My Department is in contact with the relevant suppliers in relation to finalising these costs. It is envisaged that the Department of Foreign Affairs will incur costs in the following areas: accommodation; transport; catering; media and communications; and miscellaneous costs — printing, signage etc.

The Department of Foreign Affairs availed of sponsorship arrangements offered by Eircom, Audi, Tipperary Water and Kerrygold for the meeting. We also co-operated in this regard with some local organisations and companies. As in the case of the total costs of the meeting, it is not possible to say, at this time, the value of the sponsorship.

Human Rights Issues.

Gay Mitchell

Question:

60 Mr. G. Mitchell asked the Minister for Foreign Affairs the steps that he will take during the last weeks of Ireland’s Presidency of the European Union to address international concerns with regard to human rights abuses in West Papua; and if he will make a statement on the matter. [14500/04]

As a demonstration of our commitment as Presidency to raise the level of our political dialogue with Indonesia, I led an EU ministerial Troika meeting with the Indonesian Foreign Minister, Mr. Wirajuda. This was held in the margins of the ASEM Foreign Ministers' meeting, which I hosted in Kildare from 17 to 18 April 2004.

This was the first such meeting between the EU Presidency and Indonesia in a number of years. Among the matters discussed at this meeting was the situation in Papua. I used this opportunity to express the EU's continuing concerns about the situation there, including human rights abuses. Minister Wirajuda took note of our concerns, and added that respect for human rights and the rule of law were two of the most important pillars of the Reformasi process launched after the fall of Suharto in 1999. Special clauses have been inserted into the constitution to that effect, and an ad hoc human rights court had been set up. It is to be welcomed that this dialogue will be followed through under the Dutch Presidency.

The meeting in Kildare followed on a bilateral meeting that my colleague, the Minister of State with responsibility for overseas development and human rights, Deputy Kitt, held with Mr. Wirajuda at the ASEM Foreign Ministers' meeting, which Minister Wirajuda hosted in Indonesia in July 2003. During this meeting issues of particular concern, including the human rights situation in Papua, were raised.

On 9 July 2003, the European Commission published a communication, A New Partnership with South East Asia. At the outset of our Presidency, in the January 2004 meeting of the EU External Relations Council, conclusions were adopted endorsing the communication, and the six strategic priorities set out therein, including the promotion of human rights, democratic principles and good governance.

In these conclusions, the EU welcomes the progress Indonesia has made in its democratic reform process and recognises the importance of the 2004 elections. The EU notes that the Indonesian Government has taken steps to punish members of the security forces responsible for human rights violations. While acknowledging Indonesia's legitimate concern to preserve its territorial integrity, we encourage the Government to strengthen its efforts to protect human rights and put an end to human rights violations occurring in particular in Papua, such as extra-judicial executions, disappearances and torture. Indonesia should take all necessary measures to ensure the safety of civilians, human rights defenders, humanitarian workers and political activists.

In the course of the Presidency, officials of my Department continue to meet regularly with representatives of the West Papua Action Group. On 25 March 2004, they met Mr John Rumbiak, a human rights advocate of the Papua-based Institute for Human Rights Study and Advocacy, ELSHAM, Mr Viktor Kaisiepo, the European spokesperson, Papua Presidium Council, PDP, and Dr. John Otto Ondawame of the West Papua People's Representative Office.

The Government also continues to monitor closely the situation in Papua and encourages the authorities in Indonesia to act with full regard to the interests of the people of Papua. Together with our EU partners, Ireland will continue to support the development of a strengthened partnership and effective dialogue between the EU and Indonesia. The Government, at this time, sees this as the framework that is most likely to be effective for addressing our serious concerns about the situation, including human rights, in Papua.

Question No. 61 answered with QuestionNo. 37.

Overseas Development Aid.

Eamon Gilmore

Question:

62 Mr. Gilmore asked the Minister for Foreign Affairs the allocation for ODA in his Department’s Estimates for 2004; if it remains the Government’s commitment to meet the target for ODA of 0.7% of GNP by 2007; the proportion of that target that will be met in 2004 and in each successive year up to 2007; and if he will make a statement on the matter. [14551/04]

Trevor Sargent

Question:

92 Mr. Sargent asked the Minister for Foreign Affairs if he has had a meeting with development agencies on the subject of Ireland’s overseas development aid contribution; and if he will make a statement on the matter. [13792/04]

Caoimhghín Ó Caoláin

Question:

123 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if the achievement of 0.7% overseas development assistance by 2007 continues to be Government policy; the way in which it is proposed to accelerate ODA provision in view of the fact that the current level is 0.42% when the target for 2002 was 0.45%; the steps that will be taken during the remainder of 2004 to make better progress towards the 0.7% target; and if he will make a statement on the matter. [14870/04]

Bernard J. Durkan

Question:

131 Mr. Durkan asked the Minister for Foreign Affairs when it is expected that Ireland can increased its contribution to overseas development aid in line with the UN objectives; and if he will make a statement on the matter. [14789/04]

I propose to take Questions Nos. 62, 92, 123 and 131 together.

The Government continues to have as an objective the achievement of the ODA target of 0.7% of GNP by 2007. Despite the many pressures on the public finances at present, an allocation of €400 million has been made in the 2004 Estimates to my Department's Vote for International Co-operation. In addition, elements of ODA which are administered by other Departments are expected to total some €80 million this year. Total spending on ODA, therefore, is expected to approach €480 million in 2004, the highest ever in the history of the programme. This level of expenditure demonstrates the strong commitment of the Government to the attainment of the UN target.

In 2001 and 2002, our aid expenditure amounted to 0.33% and 0.41% of GNP, respectively. Provisional figures indicate that we maintained the percentage at 0.41% in 2003. This year, it is likely to reach the same level or possibly exceed it. In percentage terms, Ireland is one of the world's leading donors, we are currently in joint seventh place, and well ahead of the EU average. The Government hopes that increased allocations, the scale and timing of which will be considered on an ongoing basis, will be possible over the coming years with a view to the achievement of our objective.

As Minister of State with responsibility for development co-operation and human rights, I have regular meetings — with development agencies and other organisations and individuals with an interest in development co-operation — at which Ireland's overseas development aid contribution is among the subjects discussed.

Question No. 63 answered with QuestionNo. 11.

Millennium Development Goals.

Caoimhghín Ó Caoláin

Question:

64 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he has sought agreement from the EU Foreign Ministers on a role for the EU Commission in monitoring implementation of Millennium Development Goal eight on coherence. [14611/04]

Aengus Ó Snodaigh

Question:

80 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the specific actions the Government has taken on the Millennium Development Goals since assuming the EU Presidency in January 2004; and the additional specific actions the Government will take on the Millennium Development Goals up to the conclusion of the EU Presidency in June 2004. [14608/04]

I propose to take Questions Nos. 64 and 80 together.

From the outset of our EU Presidency, Ireland has promoted strong leadership by the EU on the Millennium Development Goals, MDGs. In January 2004, we used the occasion of the annual Orientation Debate on the Effectiveness of the EU's External Actions, at the General Affairs and External Relations Council, GAERC, to highlight the central importance of the Millennium Development Goals to the EU's foreign and development policies.

The GAERC adopted conclusions which state that achieving the MDGs is a key objective for the European Union and the wider international community, and that the commitments made by EU member states at the 2002 Monterrey Conference on Financing for Development reflect the Union's leadership role in international efforts to achieve the MDGs.

UN member states have agreed to convene a major event, possibly a summit at Heads of State or Government level, in New York in September 2005 to review progress towards achieving the MDGs in the period 2000 to 2005. As most of the MDGs have set 2015 as the target date for their achievement, the 2005 review meeting in New York will be the first major milestone on the road to 2015.

Ireland believes that the EU should contribute to this UN stocktaking exercise through a co-ordinated EU report. At the GAERC on 27 April, on the basis of a Presidency initiative, Ministers mandated the Commission to co-ordinate an EU input to the September 2005 UN stocktaking. The Council conclusions provide that each member state must submit a national MDG report to the Commission on the basis of an agreed reporting format. The Commission will then synthesise these national reports into a joint EU report which, after discussion and approval by Ministers, will be submitted to the UN next year.

The Council conclusions make clear that the national MDG reports must pay particular attention to MDG eight, global partnership for development, which embraces such issues as levels of official development assistance, debt and trade. This particular goal is most relevant to donors and needs to be examined in detail in the national MDG reports.

In addition to these actions at the GAERC, the Presidency has used every possible opportunity to highlight the importance of the MDGs and to promote the EU's view that development policies and programmes need to be aligned with the objectives of the goals. In his address to the spring meeting of the UN's Economic and Social Council, ECOSOC, with the Bretton Woods Institutions and the World Trade Organisation, the Minister for Finance, Deputy Charlie McCreevy, expressed the EU's profound concern over the faltering progress towards the MDGs in Sub-Saharan Africa. He called for greater policy coherence at the national and international levels and for UN members to meet the commitments made at the International Conference on Financing for Development in March 2002.

The Irish EU Presidency will also work to ensure that the MDGs are placed at the centre of the development related discussions in the forthcoming meeting of the World Health Assembly in Geneva, at the eleventh UN Conference on Trade and Development, UNCTAD XI, in Brazil in June and at the ministerial high level segment of ECOSOC on 28 June.

Question No. 65 answered with QuestionNo. 14.

Citizenship Applications.

Eamon Gilmore

Question:

66 Mr. Gilmore asked the Minister for Foreign Affairs if he has received representations from other EU countries suggesting that the current right to Irish citizenship of anyone born in the island of Ireland was being abused by residents of their country or that the law or the Constitution should be changed; and if he will make a statement on the matter. [14552/04]

I have not received any such representations.

The substantive issues referred to by the Deputy are matters for the Minister for Justice, Equality and Law Reform. The Deputy will be aware, however, of the case referred to the European Court of Justice by the UK Immigration Appellate Authority. The Advocate General has now delivered his opinion in favour of the applicants' right to reside in the territory of a member state of the EU.

In the course of the proceedings in that case, the United Kingdom Government disputed the court's jurisdiction to give a ruling on the matters which had been submitted to it. In that context, it argued that the only element of the case which was not internal to the United Kingdom was the child's Irish nationality. Its view was that her nationality was acquired as "the result of subterfuge resorted to by Mr. and Mrs. Chen, which should be seen as an abuse of law". The Advocate General, in his opinion, stated:

The fact is that the problem, if problem there be, lies in the criterion used by the Irish legislation for granting nationality, the jus soli, which lends itself to the emergence of situations like the one at issue in this case.

In order to avoid such situations, the criterion could have been moderated by the addition of a condition of settled residence of the parent within the territory of the island of Ireland. But there is no such additional condition in Irish legislation, or in any event no such condition was applicable to Catherine.

Question No. 67 answered with QuestionNo. 46.

Official Engagements.

Seán Ryan

Question:

68 Mr. S. Ryan asked the Minister for Foreign Affairs if he will make a statement on the outcome of the Euro-Mediterranean Foreign Ministers meeting in Dublin from 4 to 6 May 2004. [14567/04]

The Euro-Mediterranean mid-term meeting of Foreign Ministers reaffirmed their strong political commitment to the Barcelona Process and all its activities. In addition, the meeting provided a forum for the European Union and its Mediterranean partners to discuss issues relating to reform and democratisation in the region. They noted that the existing instruments such as the association agreements and national plans under the European neighbourhood policy could be utilised to support reforms and modernisation.

Agreement was reached on the location of the Anna Lindh Foundation for the Dialogue of Cultures and Civilisations in Alexandria. Ministers welcomed the setting up of the Euro-Mediterranean Parliamentary Assembly, which held its inaugural meeting in Athens on 22 and 23 March. They also welcomed agreement on the Presidency's proposals for improving the working methods of the partnership.

Aside from the Barcelona Process, the meeting afforded an opportunity to discuss regional issues including the Middle East peace process and Iraq. Ministers agreed that the clear commitment to pursuing the Middle East peace process through the implementation of the roadmap was central to the success of such a policy and committed themselves to continue to help the Iraqi people rebuild their country and regain its proper place in the regional as well as the international family.

I led the EU Troika in meetings with Israel and the Arab countries which provided further opportunities for dialogue on the Middle East peace process and the EU's strategic partnership with the Mediterranean and the Middle East.

The Troika also met on 6 May with the Libyan Foreign Minister to express the Union's concern over the verdict and death sentences which had been handed down that day on five Bulgarian nurses and a Palestinian doctor charged with deliberate infection of Libyan children with HIV.

I also held bilateral meetings with the Foreign Ministers of Israel and the Palestinian Authority and with the Secretary General of the Arab League. The Presidency conclusions have been made public through the Presidency website.

Citizenship Regulations.

Paul Kehoe

Question:

69 Mr. Kehoe asked the Minister for Foreign Affairs if he has had contact with his European Union counterparts with regard to the current regulations governing Irish citizenship; and if he will make a statement on the matter. [14517/04]

I have not had any such contacts other than our contacts with British counterparts regarding the Interpretative Declaration on the 1998 British-Irish Agreement, which has since been published. Citizenship legislation is primarily a matter for the Minister for Justice, Equality and Law Reform.

Question No. 70 answered with QuestionNo. 18.

Foreign Conflicts.

Pat Breen

Question:

71 Mr. P. Breen asked the Minister for Foreign Affairs if he will provide an account of the political situation in Haiti; and if he will make a statement on the matter. [14521/04]

As the Deputy is aware, President Aristide left office on 29 February 2004. I refer the Deputy to the reply I gave the House on 31 March last, in which I outlined the political progress that had been made in Haiti in the first month following Mr Aristide's departure. Since then, the country has continued a gradual return to peace and stability, although some unrest remains outside the capital of Porte au Prince, in areas where governmental institutions are largely absent.

The 3,400 strong Multinational Interim Force, MIF, established by UN Security Council Resolution 1529 of 29 February 2004 for a period of three months, continues to play an important role. With effect from 1 June 2004, the MIF will be replaced by a United Nations Stabilisation Mission, MINUSTAH, authorised by UN Security Council Resolution 1542, which was adopted on 30 April 2004. MINUSTAH is expected to comprise some 6,700 troops and some 1,600 police.

Efforts are continuing to establish democracy and the rule of law. The interim Government which was sworn in on 17 March last has announced a timetable for elections, with presidential elections expected to take place in late 2005, with a view to the inauguration of a new President in February 2006. An eight member Provisional Electoral Council, charged with the task of overseeing the electoral process, was sworn in on 4 May 2004.

Meanwhile, the European Commission is examining the mobilisation of approximately $110 million for emergency programmes and rehabilitation projects in Haiti under the eighth European Development Fund. The Commission's delegation in Porte au Prince has been reinforced with five additional experts to facilitate and accelerate the identification of Haiti's emergency assistance needs.

In addition, the EU is monitoring developments with a view to assessing whether conditions are right for the restoration of aid, which was partially suspended under Article 96 of the Contonou Agreement following allegations of fraud in the parliamentary elections of 2000. This will be dependent on the degree of progress towards democratisation.

Question No. 72 answered with QuestionNo. 39.

Passport Applications.

Brian O'Shea

Question:

73 Mr. O’Shea asked the Minister for Foreign Affairs the reason his Department is unable to supply details of the numbers of Irish passports issued by Irish embassies abroad to those qualifying for Irish citizenship through the descent rule; if records of such numbers are kept; if he will arrange to publish details of the numbers of passports so issued; and if he will make a statement on the matter. [14562/04]

I refer the Deputy to my reply to a similar question to the above raised by Deputy Burton which I answered on 29 April last. The information sought cannot be produced from the existing passport issuing system. This system was developed 12 years ago and does not have the capacity to produce reports of the detail requested by the Deputy. The new automated passport issuing system, which is being developed at present and will be operational in the autumn of this year, will have a much greater capacity to produce management information reports.

Over 3.1 million passports have been issued worldwide since 1997, almost 500,000 of these by overseas missions. Compiling a breakdown by descent from these application files could not be done manually except with the expenditure of a disproportionate amount of time and resources. I am however happy to provide details of the numbers of passports issued on an annual basis since 1997 for the information of the Deputy and this is as follows:

Year

1997

1998

1999

2000

2001

2002

2003

Dublin & Cork

264,267

305,594

358,429

388,276

394,637

449,043

467,653

London

36,000

38,000

40,379

41,562

41,769

53,491

47,581

Other Missions

12,000

13,000

31,854

33,217

32,219

34,289

36,813

Total

312,267

356,594

430,662

463,055

468,625

536,823

552,047

EU Conflict Prevention.

John Gormley

Question:

74 Mr. Gormley asked the Minister for Foreign Affairs if he will report on the outcome of the Conference on Conflict Prevention held in Dublin in April 2004; and if he will make a statement on the matter. [13469/04]

I have prioritised conflict prevention as a key aspect of our EU work programme and I welcome the interest expressed by the Deputy in the Conference on Conflict Prevention recently held in Dublin.

The conference, hosted by the EU Presidency, took place from 31 March until 2 April. It focused on the overall theme of The Role of NGOs and Civil Society in the Prevention of Armed Conflict. A broad range of non-governmental organisations, NGOs, and civil society representatives participated in the conference, as well as officials from the EU member states and, at that time, accession states, and EU institutions.

I have arranged for a copy of my address to the conference to be placed in the Oireachtas Library. It is also available on the EU Presidency website. In addition to contributions from the Presidency, EU representatives and NGO-civil society participants, keynote contributions were also delivered by the Foreign Minister of Mozambique and chair-in-office of the African Union, Dr. Leonardo Simao, the Foreign Minister of South Africa, Dr. Zuma, Assistant Secretary General, Danilo Turk, of the UN Department for Political Affairs and Ms Birgitta Dahl, member of the UN Secretary General's High-Level Panel on Civil Society and UN Relationships.

The conference usefully highlighted the role to be played in conflict prevention by NGOs and by civil society in general, as well as underlining the European Union's own activities in the area of conflict prevention. Factors such as the need to address root causes of conflict, particularly through poverty reduction, and the importance of upholding relevant international law were also emphasised, as were EU-UN and EU-Africa dimensions in this area. Also, following deliberations among the NGO and civil society representatives, the Presidency was presented with a series of policy recommendations entitled Dublin Action Agenda on the Prevention of Violent Conflict.

Exchanges at the conference indicated that much common ground exists between governments and EU-UN institutions and their NGO-civil society counterparts in their respective approaches to conflict prevention. Openness was apparent on both sides to exploring scope for further interaction over the period ahead. A further international seminar on the role of NGOs-civil society in conflict prevention due to be held at UN headquarters in New York in 2005 is likely to be a particular focus in this regard.

On 1 April, en marge of the conference, the Presidency invited members of the EU Committee for Civilian Aspects of Crisis Management to meet informally with their counterparts holding expertise on conflict prevention in the development assistance area. The purpose of this informal meeting of officials was to explore themes linking security and development at EU level and to examine areas where the two sides might co-operate more closely to enhance the EU’s capacity to prevent conflict. Further themes which arose included how EU security and development can work together to enhance effective multilateralism, particularly in support of the role of the United Nations, capacity building, coherence between EU action and bilateral action, security sector reform, “lessons learned” mechanisms and the concept of human security.

As Presidency, we will be submitting a report on conflict prevention issues to the June European Council. My intention is that it should be a forward-looking document and that it should also acknowledge the valuable role which can be played by our NGO and civil society partners.

Irish Media.

Richard Bruton

Question:

75 Mr. R. Bruton asked the Minister for Foreign Affairs if he will make a statement on recent comments made by a former US diplomat in relation to attitudes within the Irish media; and if he will make a statement on the matter. [14528/04]

I am aware of the comments reportedly made by a former US diplomat, Mr. George Dempsey, to which the Deputy refers. I am confident that Mr. Dempsey, as a former diplomat, appreciates the importance of a free and independent media in an open democracy and that he understands the need to have as wide a range of views as possible on issues of public concern. Freedom of expression and diversity of opinion go hand in hand. Deputies may already know that in the recently released Table of Global Press Freedom Rankings for 2004, as compiled by Freedom House, a non-profit, non-partisan organisation, Ireland, along with the United States, was ranked in the top 25 of 192 countries surveyed for press freedom. I would not agree with Mr. Dempsey's reported comments that there is a prevailing view in the Irish media that vilifies American foreign policy.

Northern Ireland Issues.

Dinny McGinley

Question:

76 Mr. McGinley asked the Minister for Foreign Affairs his views on the report of the Independent Monitoring Commission regarding continuing paramilitary activity; and if he will make a statement on the matter. [14499/04]

The Government has accepted the conclusions and recommendations of the report of the Independent Monitoring Commission, IMC, on paramilitary activity, which was published on 20 April, and painted a disturbing picture in relation to paramilitary activity and criminality.

In its acceptance of the report, the Government acknowledged the constructive contributions that have been made by various parties in advancing the peace process to this point. However, six years after the Good Friday Agreement, it is now clear what must be done if stable politics and a peaceful society in Northern Ireland are to be assured. The transition to exclusively peaceful and democratic means must be definitively completed and must happen as soon as possible.

The people of Northern Ireland want a restoration of the devolved arrangements of the Good Friday Agreement. Everyone, including the two Governments and all the political parties in Northern Ireland, has a part to play in this but in order to make real progress it is essential that the issues raised in the IMC report are addressed before the commission publishes its next report on paramilitary activity in the autumn.

Question No. 77 answered with QuestionNo. 11.

International Agreements.

Seymour Crawford

Question:

78 Mr. Crawford asked the Minister for Foreign Affairs if during Ireland’s Presidency of the European Union discussions have been held with the United States of America with regard to the International Criminal Court; and if he will make a statement on the matter. [14520/04]

As the Deputy will be aware, the United States of America has differing views from Ireland and its EU partners on the International Criminal Court, ICC. The United States has stated its opposition to the court, has declared its intention not to ratify its statute and seeks to have its nationals exempted from the court's jurisdiction, while Ireland and the EU are committed to the effective functioning of the court, the integrity of its statute and the widest possible ratification and implementation thereof. In this regard, I would refer the Deputy to my reply to Parliamentary Question No. 4314 of 12 February last. No discussions have been held with the US on the ICC in the period mentioned by the Deputy.

Foreign Conflicts.

Bernard Allen

Question:

79 Mr. Allen asked the Minister for Foreign Affairs if he will report on the political and security situation in Burundi; and if he will make a statement on the matter. [14495/04]

There has been significant political progress in Burundi since the signing of the Arusha peace accords in August 2000 and the overall prospects for peace have probably not been as strong in a very long time. Peace agreements concluded between the Transitional National Government and the CNDD-FDD movement in November 2003 mean that there is now only one armed group, the Forces Nationals de Liberation, FNL, continuing to oppose the peace process. Efforts are continuing to urge the FNL to resume peace negotiations with the Government. These had begun in January but have since been suspended. There have been some indications recently that the FNL may be prepared to declare a unilateral ceasefire and the EU, in a declaration issued by the Presidency on 30 April, has welcomed these indications and has called on all sides to conclude a ceasefire and once again urged the FNL to abandon its military campaign and commit fully to the peace process.

While the CNDD-FDD announced their withdrawal from the Transitional National Government on 3 May, they have also made clear that they have no intention of withdrawing from the peace process or returning to violence and efforts are continuing to bring about an end to their withdrawal, through satisfying their demand for the full level of representation within the transition institutions accorded to them in the November 2003 peace agreement.

Ireland, as EU Presidency, has remained very closely engaged in the Burundian peace process and has had a series of contacts with the Burundian Government since the murder of Archbishop Michael Courtney last December, including when I met with President Ndayizeye and Foreign Minister Sinunguruza on 8 April 2004 during my visit to Burundi.

During my talks with the President and the Foreign Minister, I reiterated the EU's full support for the current peace efforts and willingness to extend whatever assistance we can to further the peace process in Burundi. I also urged progress in implementing all the provisions of the Arusha peace accords, including those relating to tackling impunity and safeguarding human rights, and also raised ratification of the Statute of the International Criminal Court by Burundi as a step which would offer assurance of justice to all those who have suffered human rights abuses during the latter years of the conflict in Burundi. President Ndayizeye indicated, in response, that his government is now considering steps to ratify the statute of the International Criminal Court.

The efforts to ensure satisfactory completion of the transition process in Burundi will be greatly strengthened by the planned deployment of a UN peace-keeping mission in Burundi to oversee the remaining period of the transition up until the holding of scheduled national elections at the end of October. Consultations are continuing within the UN Security Council on the mandate for the mission, to be known as ONUB, and which will contain a significant human rights component. It is hoped that a decision formally establishing the mission will be taken shortly.

Question No. 80 answered with QuestionNo. 64.

Northern Ireland Issues.

Dan Neville

Question:

81 Mr. Neville asked the Minister for Foreign Affairs his views on a statement made by the deputy chairperson of the Policing Commission recently who stated that the Irish Government was disengaged from the peace process; and if he will make a statement on the matter. [14506/04]

As the Taoiseach has already stated, the person to whom the Deputy refers is very highly regarded by the Irish Government for the outstanding work that he, together with the other members of the policing board, carries out in often very difficult circumstances. However, I do not share his assessment that the Government is disengaged from the peace process. The Government remains deeply committed to achieving a lasting peace on this island and we attach the highest priority to achieving this goal.

In recent weeks and months we have, together with the British Government, continued our intensive dialogue with all the parties to achieve a resolution to the current political impasse. On 23 March, the Taoiseach and Prime Minister Blair met with all the parties at Hillsborough. Since then, the Taoiseach separately met Sinn Féin, the SDLP and Prime Minister Blair in Dublin. The Government has also held meetings with all the parties in recent weeks as part of the review of the operation of the Good Friday Agreement. In addition, I had an opportunity for an in-depth discussion with the DUP in Belfast on 29 April.

In all our contacts, we have been forthright in expressing our view that the achievement of progress requires a definitive end to all forms of paramilitarism, together with assurances from all sides about the operation of stable, inclusive political institutions. We are determined to continue working with the British Government and all the parties to achieve an outcome where the threat of paramilitarism is removed and where politics works for the benefit of all.

Notwithstanding the pressures and constraints of other commitments, the Taoiseach and the Government will continue to devote whatever time and energy are needed to move the peace process forward.

Human Rights Issues.

Gay Mitchell

Question:

82 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will report on the recent meetings held with Vice President Santos of Colombia; and if he will make a statement on the matter. [14530/04]

Mr. Francisco Santos Calderón, Vice President of Colombia, visited Ireland on 22 and 23 March as part of a tour of a number of European countries in preparation for this year's session of the UN Commission on Human Rights, CHR, which took place in Geneva from 15 March to 23 April and also in order to discuss Colombia's overall relations with the European Union.

During his visit to Dublin, the vice-president met the Taoiseach, the Tánaiste and officials in my Department. I was unable personally to meet the vice-president because of my participation in the General Affairs and External Relations Council on 22 March and meetings in Northern Ireland on 23 March.

I understand that the vice-president also held meetings with the Joint Oireachtas Committee on Foreign Affairs, a number of non-governmental organisations working in Colombia, as well as representatives of the Bring them Home Campaign and family members of the three Irishmen on trial in Colombia.

As well as discussing general EU-Colombia relations and human rights with Vice President Santos, the Taoiseach also took the opportunity to raise the question of the welfare of the three Irishmen detained in Colombia. The main matter covered in discussions in my Department was the human rights situation in Colombia. Vice President Santos outlined the significant improvement in the situation in 2003 as evidenced by: a significant reduction in the overall murder rate; in murders of trade unionists and other particularly vulnerable groups; in massacres of civilians; in forced displacements; in attacks against towns; and in kidnappings and hostage-taking. The vice president acknowledged, however, that notwithstanding these achievements, the level and frequency of such grave crimes continues to be extremely high.

In line with EU policy as set out in the conclusions of the General Affairs Council of 26 January 2004, the Irish side conveyed to the Vice President our concern at some aspects of the Colombian Government's policies, for example the granting of certain judicial powers to the security forces and the failure to fully implement all the specific recommendations made in 2003 by the UN High Commissioner for Human Rights.

At the subsequent discussion in the Commission on Human Rights in Geneva, the chairperson's statement on Colombia acknowledged the deepening dialogue between the Colombian Government, in particular thorough the Office of Vice-President Santos, and the offices of the High Commissioner in Colombia. It recognised the Government's co-operation with United Nations bodies and noted its commitment to seek a negotiated solution to the conflict. However, the chairperson emphasised the need for greater progress on the part of the Government in the following areas: the achievement of a solution to the conflict, particularly in relation to the issue of the demobilisation of illegal armed groups; alleged collusion between members of the public service and illegal armed groups; and the fulfilment of its obligations under various international human rights instruments.

EU Enlargement.

John Deasy

Question:

83 Mr. Deasy asked the Minister for Foreign Affairs if he will advise on the political reforms being undertaken by the Government of Turkey; the prospects for accession by Turkey to the European Union; and if he will make a statement on the matter. [14515/04]

The Helsinki European Council in December 1999 decided that Turkey is a candidate country destined to join the European Union on the basis of the same criteria applied to other candidate states. The Copenhagen European Council in December 2002 made the clear commitment that if the European Council meeting in December 2004 decides that Turkey has fulfilled the Copenhagen political criteria, the EU will open accession negotiations without delay. The political criteria require a candidate country to have achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. December's decision will be taken on the basis of a report and recommendation by the Commission, which will be prepared following extensive consultation with the Turkish authorities under the terms of the revised accession partnership between the EU and Turkey.

Deputies will be aware that the Government has welcomed the remarkable progress made by Turkey in recent years in legislating for reform. Most recently, on 7 May, the Turkish Parliament approved a significant package of constitutional amendments which include provision for the abolition of the State Security Courts, further measures to bring civil-military relations into line with EU standards and to strengthen freedom of the press, and the insertion of a constitutional clause on gender equality. The measures also remove all references in the constitution to the death penalty, which has been abolished in all circumstances.

The Government has had regular contact with Turkey throughout Ireland's EU Presidency. The Taoiseach has conferred regularly with Prime Minister Erdogan. Most recently, on 18 May I represented the EU at the EU-Turkey Association Council in Brussels. The Turkish delegation was headed by Foreign Minister Gul, with whom I also had a very useful bilateral discussion. We reviewed Turkey's progress towards meeting the Copenhagen political criteria and I assured Minister Gul of the European Union's welcome for the adoption of the new constitutional reforms. Minister Gul informed us that a further legislative package is now being prepared and he confirmed that a new penal code is expected to enter into force before the end of the year.

A central element in the assessment to be made by the European Council in December will be the effective implementation of Turkey's wide-ranging legislative reforms at all levels of the administration and throughout the country.

Question No. 84 answered with QuestionNo. 37.
Question No. 85 answered with QuestionNo. 17.

International Agreements.

Brian O'Shea

Question:

86 Mr. O’Shea asked the Minister for Foreign Affairs if his Department has been consulted with regard to the proposals by the US authorities that Irish persons travelling to the United States will be fingerprinted and photographed before being permitted to board US-bound planes; if his Department has given its approval for these arrangements; and if he will make a statement on the matter. [14561/04]

My Department was informed by the US Embassy in 2003, when the Department of Homeland Security, DHS, came into existence, that the US Government had intended, following the events of 11 September 2001, to make a number of changes to its immigration procedures. One such change was the implementation of the US-VISIT, United States visitor and immigrant status indicator technology, programme. On 2 April 2004, the US authorities further announced and informed my Department that it intended enrolling visa waiver travellers through the US-VISIT programme at all airports and seaports by 30 September 2004.

I understand that this programme is intended to allow the US authorities to record the entry and exit of non-US citizens into and out of the country and provides them with information about persons in the US who are in violation of their terms of admission. As the Deputy is aware, every State has the right to control the entry of non-nationals into its territory and to decide whether to impose specific requirements for certain nationalities to do so.

Common Foreign and Security Policy.

John Gormley

Question:

87 Mr. Gormley asked the Minister for Foreign Affairs if the EU is considering sending troops to Sudan, as suggested by the chairman of the EU’s military committee, Gustav Hagglund; and if he will make a statement on the matter. [13467/04]

The EU is currently exploring a variety of means by which it could actively support the African Union in its efforts to attain peace in the Darfur region of Sudan. The possibility of direct military and/or civilian assistance under European Security and Defence Policy, ESDP, has been raised in this context.

At the invitation of the African Union, a representative of the EU military staff participated in a reconnaissance mission in Darfur last week. The purpose of this mission was to explore conditions for the establishment of a possible ceasefire commission, in the context of an overall African Union-led peace settlement in the region. EU participation in the reconnaissance mission underlines member states' collective support for African Union efforts in Darfur. The mission report can be expected to provide an important basis on which to explore scope for possible further EU involvement.

Consideration by the EU of practical support for the stabilisation of Darfur is very much in keeping with the emphasis the Irish Presidency is placing on African issues generally and, more specifically, on enhancing support under ESDP for conflict prevention, management and resolution in Africa. Therefore, I look forward to further positive exploration of this issue.

Overseas Development Aid.

Arthur Morgan

Question:

88 Mr. Morgan asked the Minister for Foreign Affairs if the EU Foreign Ministers have agreed a timeframe and increments by which all EU members states will reach the UN target of 0.7% GNP to ODA. [14609/04]

At the Barcelona European Council in March 2002, those EU member states — which have not yet reached the UN ODA expenditure target of 0.7% of GNP — committed themselves individually to increasing their ODA volume within their respective budget allocation processes. Those member states at or above the target, namely, Denmark, Luxembourg, the Netherlands and Sweden, agreed to renew their efforts to maintain this position so that collectively a European Union average of 0.39% is reached by 2006. Member states which have not reached the current EU average of 0.33% agreed to strive to reach at least this figure by 2006. This EU commitment was confirmed at the international conference on financing for development at Monterey in Mexico later in March 2002.

On 27 April last the Council, under the Irish Presidency, held a policy debate on the EU's follow up to the commitments made at the Monterey conference. The discussion was based on a Commission report of a Monterey monitoring exercise it has been charged to conduct; at Ireland's initiative, this was a public debate. The Council noted that the Union is on track to exceed its commitment to achieve the collective target for increasing the volume of ODA by 2006 and agreed on the need for sustained effort to ensure that this commitment is met.

Furthermore, the Council welcomed the provision by a number of member states of national timetables for the attainment of the UN target of 0.7% ODA/GNI and encouraged all member states, which have not yet done so, to set a timeframe for the achievement of the UN target. The Council underlined the importance of increasing ODA volumes in order to meet the Millennium Development Goals and the need to make a substantive contribution to the UN's 2005 MDG review.

The monitoring exercise undertaken by the Commission, on foot of the Barcelona commitments, is clearly playing an important role in encouraging member states to increase their ODA levels towards the UN 0.7% target. Ireland will continue to support the close monitoring of the EU's Monterey commitments throughout the remainder of our Presidency and beyond.

Dion Fund.

Willie Penrose

Question:

89 Mr. Penrose asked the Minister for Foreign Affairs if, in regard to the Taoiseach’s statement to the Dáil on 10 March 2004, he will give the number of development officers placed in Irish emigrant communities abroad; the regions to which they have been appointed; the funding or resources available to the development officers; and if he will make a statement on the matter. [14547/04]

In 2003, 16 welfare organisations in Britain, primarily in London, Manchester, Liverpool, Leeds and Northampton, received Dion grants totalling €584,359 as contributions towards the salaries of development workers. In addition, my Department provided €150,000 to the Federation of Irish Societies in Britain last year to support a five year capacity building project. This project involves the creation of three posts for community development regional workers, one covering London and the South East, one covering the Midlands and the West and the third covering the North and the East. A further €270,000 is earmarked for this project in 2004.

In the US and Australia, my Department provides funding to voluntary organisations that provide support to Irish immigrants in those countries. The grants are allocated to the organisations rather than to the development workers and it is not possible, therefore, to specify the funding available to the development officers in each case.

EU Enlargement.

Paul McGrath

Question:

90 Mr. P. McGrath asked the Minister for Foreign Affairs if he will advise on the time scale for the next round of enlargement of the European Union; and if he will make a statement on the matter. [14516/04]

The European Council in December 2003 emphasised the continuity and irreversibility of this fifth round of enlargement, of which Bulgaria and Romania form an integral part. Over the past year, both countries have significantly taken forward their preparations for membership, and this is reflected in the well-advanced state of their accession negotiations.

The Union's objective is to conclude negotiations with both countries on their own merits in 2004 and to sign a single accession treaty in 2005 in order that the two countries can accede in January 2007, if they are ready. Negotiations will be concluded on the same basis and principles applied to the other countries of this round of enlargement, the ten new member states which joined the EU on 1 May. As it holds the Presidency, Ireland is working to advance negotiations as rapidly as possible, in line with the clear political mandate given by the December European Council.

The Helsinki European Council in December 1999 decided that Turkey is a candidate country destined to join the European Union on the basis of the same criteria applied to other candidate states. The December 2004 European Council will decide on the basis of a report and recommendation prepared by the Commission whether Turkey has fulfilled the Copenhagen political criteria. If that decision is positive, the EU is committed to opening accession negotiations with Turkey without delay.

The Feira European Council in June 2000 agreed that the countries of the Western Balkans are potential candidates for EU membership. The EU-western Balkans summit in Thessaloniki last June confirmed that the shared objective of the EU and the countries of the region is their eventual integration into EU structures. It is agreed that the countries of the western Balkans will make progress individually, based on progress in negotiating and implementing stabilisation and association agreements with the EU, which involve wide-ranging institutional reforms, and on the development of increased regional co-operation.

Croatia formally applied for membership of the EU in February 2003. At the request of the Council, the Commission completed its opinion on the application in April. It concluded that Croatia meets the Copenhagen political criteria and the conditions set in the stabilisation and association process, and recommended the opening of accession negotiations. The Commission opinion will be discussed by the General Affairs and External Relations Council on 14 June, in preparation for a decision by the June European Council.

The former Yugoslav Republic of Macedonia submitted its application for membership in a ceremony in Dublin on 22 March. The Council on 17 May decided to implement the procedure laid down in article 49 of the Treaty on European Union and requested the Commission to prepare its opinion on the application, for submission to the Council. This process is expected to take about one year to complete.

Foreign Conflicts.

Paul Connaughton

Question:

91 Mr. Connaughton asked the Minister for Foreign Affairs his views on the assassination of a person (details supplied); and if he will make a statement on the matter. [14501/04]

Jan O'Sullivan

Question:

93 Ms O’Sullivan asked the Minister for Foreign Affairs if he has raised with the Israeli authorities the assassination by Israeli Defence Forces of the Hamas leader, Dr. Abdul Azis al Rantissi and the targeted killing of other Palestinian leaders; the response he has received; and if he will make a statement on the matter. [14564/04]

I propose to take Questions Nos. 91 and 93 together.

I condemned the killing of Dr. Rantissi in a statement on 18 April in which I also condemned a suicide bombing at the Erez crossing. I pointed out that extra-judicial killings are contrary to international law and that respect for international law should mark an important distinction between democratically elected Governments and terrorist groups. I reiterated these points to the Foreign Minister of Israel, Mr. Silvan Shalom, at our bilateral meeting in Dublin during the Euro-Mediterranean Foreign Ministers' meeting on 5 May. I pointed out that Ireland's abhorrence of extra-judicial killings was not a policy directed at Israel, but was universal. I said that this was the established position of the European Union. Foreign Minister Shalom defended the practice and claimed that Israeli actions had a legal justification — a position which I do not accept.

Question No. 92 answered with QuestionNo. 62.
Question No. 93 answered with QuestionNo. 91.

Arms Trade.

John Perry

Question:

94 Mr. Perry asked the Minister for Foreign Affairs if he will report on the proposed lifting of the EU-China arms ban; and if he will make a statement on the matter. [14513/04]

The European Council on 12 December 2003 invited the General Affairs and External Relations Council, GAERC, to re-examine the question of the embargo on the sale of arms to China. At the GAERC on 26 January 2004, we had an initial discussion on the question and invited the Permanent Representatives Committee, COREPER, and the Political and Security Committee, PSC, to look into the matter. I had further discussions with my EU colleagues on this issue at the GAERC in April, where it was decided that the preparatory work should continue, in order that all technical issues surrounding this matter could be fully examined.

These issues are being carefully and fully considered. As the preparatory work is still ongoing, it would not be helpful for me to prejudge the issue by speculating what the ultimate outcome of the GAERC review will be. No specific date was decided by either the European Council in December, or the subsequent GAERC meetings, by which the review was to be completed.

The Government will continue to examine this issue with our EU partners, considering the broader regional and international context, our ongoing commitment to human rights, and our overall relationship with China. Our position has been conveyed to the Chinese authorities, during my meetings with Vice Foreign Minister Zhang and with Foreign Minister Li, in March and April, respectively, and most recently in the course of the Taoiseach's official talks with Premier Wen in Dublin last week.

Any decision must be taken by consensus of EU partners following a full and detailed consideration. As the holder of the Presidency, Ireland is engaged in taking forward the review of this issue in an effective and impartial manner.

Question No. 95 answered with QuestionNo. 22.

International Agreements.

Olwyn Enright

Question:

96 Ms Enright asked the Minister for Foreign Affairs his views on the extension of the Russian co-operation agreement with all new member states of the European Union; and if he will make a statement on the matter. [14504/04]

The protocol to extend the EU-Russia partnership and co-operation agreement to the ten new EU member states was signed by the European Union and Russia after the first meeting of the EU-Russia permanent partnership council meeting in Luxembourg on 27 April. In my role as President of the Council, I signed the protocol on behalf of the EU.

As the partnership and co-operation agreement is the essential cornerstone of the European Union's relations with Russia, it was essential that this matter was resolved in advance of EU enlargement on 1 May. The Irish Presidency played an important role in the discussions and negotiations which led up to the signing of the protocol. In ensuring that this issue was resolved, we achieved an important Presidency objective in the area of EU-Russia policy. I am very pleased with the outcome.

Now that this issue is resolved, Russia and the EU can both look forward to a productive summit in Moscow on 21 May, and to bringing the EU-Russia strategic partnership to a new level.

Foreign Conflicts.

Fergus O'Dowd

Question:

97 Mr. O’Dowd asked the Minister for Foreign Affairs his views on the decision of the European Union to place the Kurdish organisation Kongra-Gel on its list of proscribed terrorist organisations; if he has had recent contacts with the Government of Turkey to ascertain the manner in which the Kurdish minority in Turkey are treated; and if he will make a statement on the matter. [14508/04]

EU member states unanimously decided to include Kongra-Gel on the EU list of terrorist organisations on 2 April 2004. The Council was satisfied that Kongra-Gel, the Kurdistan People's Congress; is involved in terrorist activities, is a successor organisation to PKK and cannot be separated from it in any meaningful way. As the Deputy may be aware, the PKK had previously been designated by the EU as a terrorist organisation on 2 May 2002.

Inclusion of the list is based on the criteria set out in Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, which was adopted on 27 December 2001. This common position concerns the application of specific measures to combat terrorism and enables European Union member states to fulfil their obligations under United Nations Security Council Resolution 1373.

These criteria include, inter alia, acts such as attacks on a person’s life which may cause death, attacks upon the physical integrity of a person, kidnapping or hostage taking, causing extensive damage to a Government or public facility, directing a terrorist group or participating in the activities of a terrorist group or by funding its activities where committed with the aim of seriously intimidating a population, or unduly compelling a Government or an international organisation to perform or abstain from performing any act, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

The relevant bodies within the Council considered the status of Kongra-Gel carefully, and were satisfied that there was a sufficient basis to conclude that they meet the criteria for designation. The Government's concerns about the human rights situation in Turkey, including the situation of the Kurdish population, are raised regularly in official contacts with the Turkish Government and its representatives and in co-operation with our partners in the European Union. I welcome the very significant progress which Turkey has made in legislating for human rights reform over the past two years. Legislation has been enacted which is aimed at strengthening the enforcement of human rights and enhancing the cultural rights of all citizens, including those of Kurdish origin. Further progress is required, especially to ensure the full and effective implementation of the reforms.

During Ireland's EU Presidency, the Government has had regular contact with the Government of Turkey. The Taoiseach has conferred regularly with Prime Minister Erdogan. I headed an EU ministerial troika delegation which visited Ankara on 8 March for meetings with Prime Minister Erdogan and Foreign Minister Gul. On 17 May, I represented the EU at the meeting in Brussels of the EU-Turkey Association Council. On the same occasion, I had a very useful bilateral meeting with Foreign Minister Gul. In all our discussions, I have welcomed the progress made by Turkey and emphasised the importance which the EU attaches to ensuring implementation of reforms at all levels of the administration and throughout the country. I have also raised the restrictive nature of the current regulations for broadcasting in languages other than Turkish and the relatively slow progress on moves to permit Kurdish language teaching in Turkey.

Deputies will also be aware that, as EU Presidency, we issued a declaration on behalf of the European Union on 22 April expressing deep disappointment at the decision of the Ankara State Security Court confirming the prison sentence imposed in 1994 on Ms Leyla Zana and three other Kurdish former members of Parliament. While respecting fully the principle of the independence of the judiciary, the EU regrets that the conduct of the retrial of this case and the outcome are clearly at variance with the reform process to which the Government of Turkey is committed, and which is central to the development of closer relations between the EU and Turkey.

I recognise that the Turkish Government is committed to ensuring the full implementation of reforms, including those directly relating to the rights of people of Kurdish ethnic origin. The progress made will be a significant element in the decision to be taken by the European Council in December on Turkey's fulfilment of the Copenhagen political criteria for EU membership. If that decision is positive, the EU is committed to opening accession negotiations with Turkey without delay.

Common Foreign and Security Policy.

Enda Kenny

Question:

98 Mr. Kenny asked the Minister for Foreign Affairs his views on the level of Japanese and European Union co-operation in the Balkans; and if he will make a statement on the matter. [14510/04]

The EU has taken the lead role internationally in working with the countries of the western Balkans to consolidate peace, democracy and stability in the region and to promote the development of societies based on respect for human rights and the rule of law. The EU-western Balkans summit, which was held in Thessaloniki in June 2003 confirmed that the future of the region lies in its eventual integration in to EU structures. It agreed that the achievement of this shared objective will be based on the fulfilment of clear and objective political and economic criteria, supported by the European Union's stabilisation and association process.

Throughout the tragic conflicts in the 1990s, Japan played a very important role in assisting the people of the western Balkans. It has to date contributed some $1.8 billion in assistance to the south east Europe region, and has co-operated very closely with the European Union especially through the stability pact for south eastern Europe, which was established in 1999 at the initiative of the EU. The pact aims to ensure maximum co-ordination of international efforts to assist the region in the transition from conflict to stability and democracy.

The situation in the western Balkans remains as an item on the agenda for the ongoing political dialogue between the EU and Japan. The Government warmly welcomed the initiative of the Government of Japan in organising a ministerial conference on peace consolidation and economic development in the western Balkans, and, as holder of the EU Presidency, Ireland readily agreed to co-chair the conference on behalf of the European Union. The Minister of State at the Department of Foreign Affairs, Deputy Kitt, represented the Presidency at the conference, which was held in Tokyo on 5 April. He delivered the keynote speech on behalf of the EU. Other important statements were delivered by the Foreign Minister of Japan, Mrs. Yoriko Kawaguchi and by the former UN High Commissioner for Refugees and current President of the Japan International Co-operation Agency, Mrs. Sadako Ogata.

The conference brought together foreign and economy ministers from each of the countries of the western Balkans and representatives of the wider international community. There was full agreement that the future stability of the region will be promoted through its gradual integration into European structures on the basis agreed at the Thessaloniki summit.

The General Affairs and External Relations Council which I chaired on 26 April endorsed the joint conclusions adopted by the conference. The Council welcomed the sustained engagement of Japan with the western Balkans and the close co-operative relationship between the EU and Japan in support of the region and of its European perspective. The EU and Japan will continue to co-operate and co-ordinate their efforts in the interests of the people of the western Balkans, and I expect that this will be noted at the forthcoming EU-Japan summit in Tokyo on 22 June.

Question No. 99 answered with QuestionNo. 37.

Human Rights Issues.

John Bruton

Question:

100 Mr. J. Bruton asked the Minister for Foreign Affairs if he will report on the situation in Cuba relating to the trial of 75 persons in connection with charges alleging attempts to subvert the constitutional order in Cuba; if his Department has had contact with the Cuban Embassy on the matter; and if he will make a statement on the matter. [14511/04]

Following the summary trial and lengthy prison sentences imposed by the Cuban authorities in March and April of last year on 75 dissidents for exercising their right to freedom of speech, the Cuban chargé d’affaires was summoned to my Department where the Government’s very serious view of the unacceptable actions of the Cuban authorities was clearly conveyed.

The grave violations of international human rights standards caused the EU to implement the following diplomatic measures on 5 June 2003: a limitation on bilateral high-level governmental visits; a reduction in the profile of participation in cultural events; the inviting of Cuban dissidents to national day events at EU embassies in Havana; and the decision to proceed to an early re-evaluation of the EU common position, six months before the due date.

On 16 June 2003, the General Affairs and External Relations Council, GAERC, adopted conclusions in which it reaffirmed its grave concern about the deterioration of the human rights situation and called for the release of all political prisoners. Referring to certain provocative conduct on the part of the Cuban authorities vis-à-vis the EU and its member states, the Council made it clear that it regarded such behaviour as unacceptable. This was a reference to the fact that official mass demonstrations, headed by President Castro, had been mounted against the embassies of two member states in Havana and that the Cuban state media had conducted an unacceptable campaign of personal vilification against certain EU Heads of Government.

The human rights situation in Cuba was deemed to be so serious that the matter was taken up by Heads of State and Government at the European Council on 20 June 2003. Endorsing the GAERC conclusions of 16 June, the European Council reiterated the EU's deep concern regarding the violation of fundamental freedoms in Cuba. Heads of State and Government also deplored and rejected the "totally unacceptable behaviour of the Cuban authorities vis à vis the EU and its member states”.

Notwithstanding this unacceptable conduct on the part of the Cuban authorities, on 21 July 2003 the GAERC reconfirmed the positive objectives of the EU common position on Cuba, namely, to encourage through dialogue rather than isolation a process of transition to pluralist democracy and respect for human rights and fundamental freedoms, as well as a lasting economic recovery and an improvement in living standards of the Cuban people. The Council also reaffirmed the validity of constructive engagement with Cuba, to be continued through political dialogue so that tangible results might be achieved, particularly in the political, economic and human rights spheres.

However, not only has there been no improvement this year in the human rights situation in Cuba but recent weeks have seen an actual deterioration with the sentencing of a further group of 13 Cuban rights activists and journalists, all of whom were arrested while peacefully exercising their rights to freedom of expression, opinion, association and assembly. In response, the Irish Presidency, on behalf of the European Union, issued a declaration on 13 May 2004 expressing its concern at these events and calling on the Cuban authorities to release all political prisoners and prisoners of conscience without delay. It also called for Cuba's compliance with international rights standards and norms for the treatment of prisoners. In addition to the publication of the declaration, the Cuban chargé d’affaires was summoned to my Department where these concerns were conveyed directly to her.

Foreign Conflicts.

Gerard Murphy

Question:

101 Mr. Murphy asked the Minister for Foreign Affairs his views on the political situation in Liberia; if he will report on the number of Irish Defence Force personnel now taking part in the mission to Liberia; the types of activities in which they have been involved to date; and if he will make a statement on the matter. [14524/04]

Under the comprehensive peace agreement of 18 August 2003, the Liberian parties committed themselves to a peaceful, democratic Liberia, to be administered by a transitional government until parliamentary and presidential elections are held before the end of 2005. The agreement, which had been brokered by the Economic Community of West African States, ECOWAS, was subsequently endorsed by the United Nations Security Council. On 14 October, Mr. Gyude Bryant was inaugurated as chairman of the transitional government. The Irish Government was represented at his inauguration by Minister of State at the Department of Foreign Affairs, Deputy Kitt. Mr Bryant pledged to introduce transparency in government and respect for human rights. The process of selecting members of the transitional government and legislative assembly has only recently been completed.

Preparations for the elections in 2005 have commenced. The National Electoral Commission, NEC, of Liberia was reconstituted under the terms of the comprehensive peace agreement to take account of the new situation obtaining in Liberia since the departure into exile in August 2003 of ex-President Charles Taylor. The NEC is currently engaged in voter registration and civic education programmes in collaboration with international organisations and under the supervision of the United Nations. On 11 May 2004, the international contact group on Liberia — of which the EU is a member alongside, among others, the UN and the African Union — urged all Liberian parties to engage constructively in preparations for 2005 and underlined the need for the National Election Commission to operate effectively.

The Liberian peace process remains fragile, despite recent improvements in the security situation in UN-controlled areas and progress in the implementation of the comprehensive peace agreement. Monrovia is now a weapons-free zone but the situation is less stable in other areas. Sporadic outbreaks of fighting in rebel strongholds highlight the need for a comprehensive process of disarmament, demobilisation and reintegration. The programme of disarmament, demobilisation and rehabilitation, DDR, for rebel groups, co-ordinated by the United Nations Mission in Liberia, UNMIL, recommenced on 15 April 2004, after an earlier launch last December had been postponed. UNMIL is currently operating with approximately 14,500 military personnel on the ground, out of a force ceiling of 15,000. Its current one-year mandate is due to be renewed by the UN Security Council in September 2004.

Ireland, including through our Presidency of the EU, will continue to encourage all parties in and around Liberia to carry out their commitments and obligations under the comprehensive peace agreement. We will lend active support to the work of the United Nations Special Representative in Liberia, Jacques Klein, and to the EU Special Representative for the region, Hans Dahlgren of Sweden.

The Irish Defence Force contingent in UNMIL, deployed since December 2003, comprises a motorised infantry battalion with 427 Irish Defence Force personnel, as well as a further eight personnel who are serving at force headquarters in Monrovia. The main Irish contingent operates as the force commander's rapid reaction reserve, and in that role provides an immediate response capability, deployable in sufficient strength and with the required level of force to provide a swift and decisive military reaction to any crisis situation.

To date, the Irish battalion in UNMIL has mainly operated in a path-finding and reconnaissance role supporting the deployment of other UN contingents. It has also conducted long-range patrols beyond Monrovia and well into the interior of Liberia in order to display a strong UN presence, deter lawlessness and protect local populations. The contingent also undertakes regular daily patrols within the Monrovia area. While the UN contingents have now deployed to their areas of operation throughout Liberia, the Irish battalion remains available to the force commander to provide support and a rapid response capability in the event of a breakdown in law and order or further conflict.

The Irish battalion in Liberia also assists with a number of local humanitarian projects such as a local AIDS hospice. Development Co-operation Ireland is contributing €15,000 to the humanitarian work of the current contingent in this regard.

Dinny McGinley

Question:

102 Mr. McGinley asked the Minister for Foreign Affairs the political situation in Chechnya following the assassination of a person (details supplied); and if he will make a statement on the matter. [14527/04]

I would like to reiterate my condemnation of the bomb attack at the victory day celebrations in Grozny on 9 May last, in which the person to whom the Deputy refers was killed. I also condemn the attack on Monday which killed eight Russian soldiers and three local policemen. No cause can ever justify this kind of violence.

This attack is a negative development in relation to political stability in Chechnya. It is clear that the security situation in the republic is still very serious. Over the past year and a half, the Russian authorities have made a concerted effort to build up a political system in Chechnya. This policy has included the adoption of a new Chechen constitution in March 2003, and a Chechen presidential election in October 2003, in which Akhmad Kadyrov was elected President. On 14 March, Chechnya took part in the Russian presidential election, which was won by President Putin. Turnout in Chechnya was recorded at 94.99% of voters.

An extraordinary presidential election is scheduled to take place in Chechnya in September 2004. I hope that OSCE and Council of Europe standards will be observed in the conduct of this election, and that the outcome will reflect the will of the Chechen people, freely expressed. The EU welcomes Russian efforts aiming at a political settlement of the conflict in Chechnya. The EU wants to see a durable settlement put in place which respects Russia's territorial integrity, which has the support and confidence of the population of Chechnya, and which restores security, the rule of law, and respect for human rights in the republic. The Union acknowledges the right and responsibility of the Russian Government to combat terrorism and crime and to protect its citizens. We strongly condemn the terrorist attacks which have caused significant loss of life in Chechnya and throughout Russia in recent years. However, the EU has consistently stated that the fight against terrorism, in the Russian Federation as elsewhere, must be conducted in accordance with internationally-accepted human rights standards. If the situation in Chechnya improves, the European Union stands ready to assist further in the reconstruction effort there.

Dion Fund.

Emmet Stagg

Question:

103 Mr. Stagg asked the Minister for Foreign Affairs if, in view of the fact that he accepts that the support centre for elderly Irish emigrants in Coventry, England, known as Teach na hÉireann, provides an excellent service and improves the quality of life of those it tends to, and in view of the fact that the funding for this new service allows it to open on only two days per week, he will now provide the necessary funding to allow the service to allow it to open on five days per week thereby more than doubling the service it provides; if, in this regard, he can indicate if the Dion committee at its recent meeting allocated extra funding to the centre as requested; and if he will make a statement on the matter. [14549/04]

I can confirm to the Deputy that the Dion committee has received and considered the application from Rehab Irish elders' resource centre, Teach na hÉireann, Coventry for continuation funding for the two existing posts of project manager and a part-time support worker, and new funding for two new part-time posts of administrator and outreach worker.

The grant recommendations, including the Rehab Coventry grant, are due to be submitted to me in early to mid-June and will be considered sympathetically given the important and admirable work been done by the centre. Payments will be made towards the end of June 2004. The grants will be formally announced at a Dion reception in the Irish Embassy in London, probably in July, though I expect the amount involved will be made public before that time.

Human Rights Issues.

Pat Rabbitte

Question:

104 Mr. Rabbitte asked the Minister for Foreign Affairs if he has received a report from consular officials on the outcome of the trial of three persons in Colombia; if money has been provided from his Department’s funds to pay fines on same; the conditions attached to this payment; and if he will make a statement on the matter. [14566/04]

I refer the Deputy to the answer I gave to Priority Question No. 3.

Question No. 105 answered orally with Question No. 9.

Illegal Immigrants.

Jimmy Deenihan

Question:

106 Mr. Deenihan asked the Minister for Foreign Affairs if he will include the illegal status of thousands of Irish emigrants in the USA in his discussions with President George Bush during his visit to Ireland in June 2004; and if he will make a statement on the matter. [14588/04]

As Ireland currently holds the Presidency of the EU, we will host the forthcoming EU-US Summit in June. The main issues for discussion will relate to foreign policy, economic and trade relations and other areas of shared EU-US interest. It would not be appropriate at an EU summit to have the issue of undocumented Irish people in the US discussed.

Recently, three proposals aimed at helping to regularise the situation of undocumented foreign nationals in the US have been put forward.

On 7 January, President Bush announced a proposal to introduce a new form of temporary work permit which would be available to both undocumented foreign nationals currently in the US and those seeking to enter with a job already arranged. Shortly afterwards, Senator Tom Daschle and Senator Chuck Hagel announced a bipartisan plan for immigration reform that would enable undocumented foreign nationals in the US to legalise their status if they fulfilled certain conditions. Earlier this month, Senator Edward Kennedy introduced a new immigration reform Bill entitled the Safe, Orderly Legal Visas and Enforcement Act — the SOLVE Act. This Bill goes further than other recent immigration initiatives in providing opportunities for undocumented immigrants to regularise their status.

I welcome these proposals as constructive efforts to deal with the situation of the undocumented in the US in a constructive and sympathetic way. While there appears to be no prospect of a formal amnesty for the undocumented at the present time, the Daschle-Hagel and the Kennedy proposals in particular appear to offer undocumented Irish people an opportunity to obtain permanent legal residency.

These proposals will have to be approved by the US Congress and it is too early to say what changes or amendments may be made in the course of their consideration by Congress. I will continue to monitor the progress of both initiatives through the US Congress closely in the coming months.

During a visit to Washington earlier this year, I discussed the situation and status of Irish emigrants in the US with a number of prominent US politicians. I was pleased to have this early opportunity to flag our concerns about the position of Irish emigrants in the US. I can assure the Deputy that, through our embassy in Washington and through my own contacts with political leaders in the US, I will continue to encourage and support measures that would benefit Irish citizens in the US.

Unemployment Levels.

Ned O'Keeffe

Question:

107 Mr. N. O’Keeffe asked the Taoiseach the number of unemployed persons at a location (details supplied) in County Cork in 2002, 2003 and to date in 2004. [14685/04]

The exact information as requested by the Deputy is not available. Statistics on employment and unemployment are compiled at a regional level from the quarterly national household survey. The latest statistics show that there were 10,600 people classified as unemployed in the south west region in the September to November quarter of 2003. The south west region consists of Cork City, Cork county and Kerry. Sub-regional statistics, of the kind requested by the Deputy, are not available from the quarterly national household survey.

Figures for the south west region from 2002 to 2003 inclusive, from the quarterly national household survey, Q1 2002 to Q4 2003, are as follows:

Unemployment in the South West Region

’000

%

December-February 2002

11.4

4.5

March-May 2002

10.3

4.1

June-August 2002

11.9

4.5

September-November 2002

11.7

4.6

December-February 2003

11.0

4.4

March-May 2003

11.3

4.4

June-August 2003

12.7

4.8

September-November 2003

10.6

4.1

The live register series gives a monthly breakdown of the number of people claiming unemployment assistance, unemployment benefit and other claimants registered with the Department of Social and Family Affairs. Figures are published for each county and each local social welfare office. A breakdown by postal district is not available. The most recent information available is for April 2004. It should be noted that the live register is not a definitive measure of unemployment as it includes part-time workers, seasonal and casual workers entitled to unemployment assistance or benefit. Statistics on unemployment are measured at regional level by the quarterly national household survey. The exact area covered by each local office is not limited to the immediate locality of the particular office. For instance, in the Tallaght local office there may be registered persons from the Blessington area.

Persons from the Mitchelstown area normally register in the local office in Fermoy. Thus we cannot provide a separate set of data for the area requested but only list the figures for the Fermoy office which are as follows:

Live Register Fermoy Local Office Total

2002

2003

2004

January

814

819

890

February

801

768

861

March

749

737

820

April

699

769

795

May

689

742

June

742

818

July

782

870

August

807

897

September

733

831

October

741

833

November

796

841

December

822

864

Average

765

816

Computer Software.

Ciarán Cuffe

Question:

108 Mr. Cuffe asked the Tánaiste and Minister for Enterprise, Trade and Employment if she proposes to allow the patenting of software implementations for computing; if her attention has been drawn to the difficulties that this may raise in the educational and other sectors; and if she will make a statement on the matter. [14674/04]

It is important to note that computer programmes as such are excluded from patentability by member states' patent laws and the European Patent Convention, EPC, which applies to the operation of the European Patent Office, EPO. However, computer implemented inventions may be patentable under certain conditions and many such patents have already been granted within the EU.

The position facing the Community is that the application of the case law and the administrative practice of member states in this area is divergent. As a result, it is currently possible to patent a particular computer implemented invention in one member state and not in another, with negative consequences for the efficient functioning of the Internal Market.

For this reason, the Commission brought forward, in 2002, a proposal for a directive of the European Parliament and of the Council on the patentability of computer-implemented inventions, the aim of which was to rectify this situation and to make the conditions for patentability more transparent — to give innovators and enterprises the ability to compete effectively in the Single Market.

In September 2003, the European Parliament adopted a number of amendments to the proposal. On 18 May, the Competitiveness Council reached political agreement on a common position, based on a proposal put forward by the Irish Presidency, which took account of discussions at EU Council working group, and the Committee of Permanent Representatives. The final text agreed took account of a number of amendments put forward by delegations to further clarify the conditions under which a computer implemented invention might be patented. It will now go back to Parliament for second reading, the next stage in the co-decision process.

I am satisfied that the agreement reached represents a good balance and will be beneficial for both innovators and users of computer implemented inventions throughout the Union.

Article 6 of the agreed position provides that acts permitted under articles 5 and 6 of Directive 91/250/EEC on the legal protection of computer programs by copyright, and, in particular, the provisions in respect of decompilation and interoperability are not affected by the rights to be conferred by the proposed directive. The proposed directive also makes clear that the provisions of articles 81 and 82, which relate to competition rules, and, in particular, abuse of a dominant position, apply.

In addition, the text as agreed makes it explicit that a computer program as such cannot constitute a patentable invention and that inventions involving computer programs, whether expressed as source code, object code or any other form, which implement business, mathematical or other methods and do not produce any technical effects beyond the normal physical interactions between a programme and the computer, network or other programmable apparatus in which it is run shall not be patentable.

Corporate Enforcement.

Breeda Moynihan-Cronin

Question:

109 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Enterprise, Trade and Employment if she, or any agency under her aegis, has carried out an inquiry into the financial, operational and management structures of organisations (details supplied). [14718/04]

No investigation of the kind referred to by the Deputy has been carried out by my Department in relation to either of these companies.

Since 28 November 2001, the Director of Corporate Enforcement is responsible for enforcing and for securing compliance with the Companies Acts. He is required under the Company Law Enforcement Act 2001 to be independent in performing those functions. He is also obliged as a general principle to keep confidential any information obtained by him in that context. I am not in a position to say, therefore, whether or not any investigation has been or is being carried out by the Office of the Director of Corporate Enforcement in regard to these companies.

Genetically Modified Organisms.

Martin Ferris

Question:

110 Mr. Ferris asked the Minister for Agriculture and Food the details of the membership of the interdepartmental and interagency group established to examine issues concerning the possible introduction of genetically modified crops. [14710/04]

Martin Ferris

Question:

111 Mr. Ferris asked the Minister for Agriculture and Food the stakeholders which the interdepartmental group established to examine issues concerning the possible introduction of genetically modified crops has met. [14711/04]

I propose to take Questions Nos. 110 and 111 together.

The membership of the interdepartmental/interagency working group established in my Department to develop proposals for a national strategy and best practices to ensure the co-existence of GM crops with conventional and organic farming is as follows: Department of Agriculture and Food, eight members; Department of Environment, Heritage and Local Government, two members; the Environmental Protection Agency, one member; and Teagasc, one member. I am happy that the membership of the working group includes persons with the required knowledge and expertise to evaluate all the issues relevant to co-existence.

The working group has had meetings with the following stakeholders: the Irish Seed Trade Association; Teagasc — tillage specialist division; An Bord Glas; the organic organisations of Ireland; and the Irish Grain and Feed Association. The working group proposes to meet other relevant stakeholders, including their counterparts in Northern Ireland, in the near future before the final proposals are recommended.

Grant Payments.

Ned O'Keeffe

Question:

112 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if payment of a number of premia can be made to a person (details supplied) in County Cork who is owed substantial payments. [14796/04]

Between 1997 and 2003 the person named was paid full entitlements under the following schemes: 1997 suckler cow premium scheme, paid on 68 animals less late application penalty of 5% and late area aid application penalty of 8%; 1998 de-seasonalisation slaughter premium schemes, on 22 animals; 2000, 2001 and 2002 slaughter premium schemes, on 14, 169 and two animals, respectively; and 2003 area-based compensatory allowance scheme, on the maximum 45 hectares allowed. The position in respect of the only other schemes for which he submitted applications during this period is as follows: 2002 and 2003 suckler cow premium schemes, neither of which he could be paid under as he had no suckler cow quota as required by their terms and conditions. In respect of the 2003 special beef premium scheme, he applied on six animals but one of these was found to be under-age. He will be paid soon on the five remaining eligible animals. On the 2003 extensification scheme, payments under this scheme will not commence until next month. His application will be processed for payment in the normal way.

The herd number was withdrawn from the person named between July 1998 and May 2000 and, as a result, he could not apply under livestock schemes during that period of withdrawal. He has contended that the withdrawal was unfair and that he should have been allowed to submit livestock applications during that time. The district livestock office of my Department contacted his agricultural adviser in connection with this matter late last year. So far, however, no further contact has been made with the district livestock office.

Paul Connaughton

Question:

113 Mr. Connaughton asked the Minister for Agriculture and Food when forestry grant approval will be issued to a person (details supplied) in County Galway; if his attention has been drawn to the fact that the original application for approval was mistakenly made for native woodlands species but that approval is now sought for softwood species; and if he will make a statement on the matter. [14825/04]

Two applications for afforestation grant aid on behalf of the person in question have recently been received in the forest service of my Department. These applications were previously ruled ineligible for the native woodland scheme. One of the applications has been rejected because it did not meet the minimum width requirements for the afforestation grant scheme. The other application requires referral to the national parks and wildlife service section on environmental grounds. I have asked that a decision be given in this case as quickly as possible.

Paul Connaughton

Question:

114 Mr. Connaughton asked the Minister for Agriculture and Food the reason the ten month special beef premium was not awarded on all cattle applied in 2002 on behalf of a person (details supplied) in County Galway; the reason the cards were punched, thereby dramatically reducing the value of the animal in the mart, in view of the fact that a number of the animals were deemed ineligible; and if he will make a statement on the matter. [14827/04]

Under EU regulations governing the 2002 special beef premium scheme a stocking density limit of 1.9 livestock units per hectare applied based on the forage area declared on an applicant's area aid application. The area aid application of the person named declared a forage area of 9.11 hectares which gave entitlement to 17.30 livestock units. Each producer's reckonable livestock units for the calendar year in question were calculated as follows, based on the declared forage area of 9.11 hectares an entitlement to 17.30 livestock units equates with 28.8 premium rights, where the animals concerned each represent 0.6 livestock units. While the person named submitted applications under the 2002 special beef premium scheme in respect of a total of 34 animals, payment of premium was restricted to 28.8 premium rights. As EU regulations governing the scheme specifically provide that animals applied on in excess of the individual's permitted stocking rate of 1.9 livestock units per hectare be deemed paid premium, the cattle identity cards of all 34 animals in question were correctly stamped and punched to reflect this.

Paul Connaughton

Question:

115 Mr. Connaughton asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway has not received the second part of the suckler cow grant 2003; and if he will make a statement on the matter. [14828/04]

Seven animals were submitted for 2003 suckler cow premium scheme on 19 June 2003. At an inspection carried out on 21 November 2003 it was found that one animal, tag number GCB154643, was applied on in error. That animal has now been deleted from the application. As two unclaimed animals were found to be non-compliant with the identification and registration requirements as set out in paragraphs 37 and 38 of the terms and conditions of the scheme, the applicant was advised that the application would be subject to a reduction penalty in accordance with paragraphs 40 and 43 of those terms and conditions and was given the opportunity to write to my Department within 21 days in order to have this decision reviewed. As the person named has confirmed recently by telephone that the application of the penalty was accepted, calculation of the total suckler cow premium due for 2003 can be made now.

The applicant was paid €1,255.24 on 16 October 2003 in respect of the seven animals applied for on 16 October 2003, that is, before discovery of the facts outlined in the previous paragraph. Application of the penalty arising from the non-compliant animals and of the recalculation necessitated by payment on six instead of seven animals shows that only €1,178.81 should have been paid. This means the overpayment of €76.43 arising will now have to be sought from the applicant.

Rural Environment Protection Scheme.

Michael Ring

Question:

116 Mr. Ring asked the Minister for Agriculture and Food his views on the fact that farmers who have commonage included in their REP scheme plans will have their payments reduced dramatically; his further views on whether this will cause great hardship to the farming community; and if he will consider not implementing this cut. [14831/04]

The regulations governing the implementation of the single payment scheme oblige member states to ensure that double payment for the same commitment does not occur under the single payment scheme and agri-environment measures such as the REP scheme.

Election Expenses.

Seán Haughey

Question:

117 Mr. Haughey asked the Minister for Finance the costs of the elections to Seanad Éireann in 2002 to both the NUI and University of Dublin constituencies particularly in relation to candidates postal mailing to the electorate, printing ballot packs, delivering ballot packs and administrative and other matters associated with both elections; and if he will make a statement on the matter. [14678/04]

It has not been possible to provide the information sought by the Deputy in the time available. However, the information requested by the Deputy may not be available in the format sought, but my officials are examining the relevant records in my Department, and as soon as the available information has been collated, I will supply it to the Deputy.

Flood Relief.

John Bruton

Question:

118 Mr. J. Bruton asked the Minister for Finance further to Parliamentary Question No. 146 of 11 May 2004, if a Supplementary Estimate will be sought and obtained by his Department to ensure that funds will be provided for measures necessary and able to be provided in order that there is no repeat of the flooding in Mornington in view of the additional increased revenue which exceeded the Government’s expectations; and if he will make a statement on the matter. [14682/04]

I refer the Deputy to my response to his most recent parliamentary question on this matter, Question No. 146 of 11 May 2004. The position as outlined in my reply of that date remains unchanged.

Charitable Status.

Breeda Moynihan-Cronin

Question:

119 Ms B. Moynihan-Cronin asked the Minister for Finance if the charitable status of an organisation (details supplied) has been or is being reviewed; if concerns have been raised about such status; and if he will make a statement on the matter. [14719/04]

I am advised by the Revenue Commissioners that the organisation in question was granted charitable tax exemption in 1979 and continues to hold such exemption. The Revenue Commissioners have also informed me that bodies which are granted charitable tax exemption are subject to periodic review with a view to ensuring their continued compliance with the terms of the exemption. However, it is not the practice of the Revenue Commissioners to divulge the names of charities which either have been or are being reviewed by them. Similarly, it is not the practice of the Revenue Commissioners to divulge whether or not concerns may have been raised with them in relation to the tax-exempt status of any particular charity.

Tax Code.

Marian Harkin

Question:

120 Ms Harkin asked the Minister for Finance if he will extend the date for payment of interest and penalties on accounts held in Northern Ireland in view of the severe penalties involved and the charges being levied by banks when providing the required information for the Revenue Commissioners. [14817/04]

The issue of the deadline for paying tax, interest and penalties in relation to accounts held outside the State is a matter for the Revenue Commissioners. I have no function in that regard.

Non-Resident Accounts.

Marian Harkin

Question:

121 Ms Harkin asked the Minister for Finance the reason accounts held in financial institutions in Northern Ireland are deemed offshore or non-resident in view of a matter (details supplied). [14818/04]

I am advised by the Revenue Commissioners that in regard to tax matters, accounts held in Northern Ireland are regarded as accounts held outside the State. The term "offshore", when used in this context, is a colloquialism to denote accounts held outside the jurisdiction. It is not a legal term.

Charitable Status.

John Perry

Question:

122 Mr. Perry asked the Minister for Finance if charitable status can be restored to a group (details supplied) in County Sligo; and if he will make a statement on the matter. [14836/04]

I am advised by the Revenue Commissioners that the group in question has never held charitable tax-exempt status. However, it is understood that an application for charitable tax exemption has been received from the group and is currently being considered. In this regard, a letter issued to the group's agents on 10 March 2004 seeking certain information and as soon as a reply to this is received, the application will be progressed.

Question No. 123 answered with QuestionNo. 62.

Human Rights Issues.

Tony Gregory

Question:

124 Mr. Gregory asked the Minister for Foreign Affairs if he will make representations to the US authorities to express serious concern at the additional measures announced on 6 May 2004 by the US to further tighten its blockade and make even worse the already very difficult conditions caused by the blockade against Cuba; if he will also raise this matter at EU level. [14783/04]

The Irish Government's position on the US embargo has been made very clear over the years by our consistent vote against it — together with our EU partners — in the UN General Assembly, most recently on 4 November 2003. In bilateral contacts with the US administration we have never left them in any doubt regarding our strong opposition to the embargo. The effect of the embargo is to work contrary to stated EU and US aspirations for a democratic and prosperous Cuba. We welcomed the partial easing of the embargo in the year 2000, whereby the ban on the sale of food and medicines was lifted, and since then we have continued to urge that the embargo be removed completely.

A Commission for Assistance to a Free Cuba was established by President Bush on 10 October 2003. Its mandate was to identify "additional measures by which the US could help the Cuban people bring about an expeditious end of the Castro dictatorship", as well as "US Government programmes that could assist the Cuban people during a transition". The Commission, chaired by Secretary of State Powell, reported to President Bush on 6 May 2004. Upon publication of the report, President Bush directed that certain immediate actions should be taken, including a decision to limit recipients of remittances and gift parcels; limit family visits to Cuba; reduce the authorised daily expenditure during a trip to Cuba; and step up law enforcement measures against those carrying funds to Cuba in contravention of US policy.

President Bush also directed that up to US$59 million should be committed over the next two years to implementing other Commission recommendations, including democracy-building activities and support for family members of the political opposition, as well as support for young people, women and Afro-Cubans and "public diplomacy" efforts. The concern of the Cuban authorities at the new US measures has been conveyed to the Government by the Cuban chargé d’affaires in Dublin.

While the new US measures are essentially a bilateral matter between the US and Cuba, the US authorities are in no doubt as to the Irish and EU view as to how best to promote a democratic transition in Cuba. The aim of the EU Common Position remains to "encourage a process of transition to pluralist democracy and respect for human rights and fundamental freedoms, as well as a sustainable recovery and improvement in the living standards of the Cuban people". We believe that the way to achieve this is by engagement rather than by isolation.

Admittedly, it has to be realistically acknowledged that the Cuban authorities do not always seem to wish to respond positively to our constructive approach. Events in recent weeks in Cuba represent a further serious setback for the cause of human rights, as manifested in particular by the trial and sentencing of 13 dissidents for peacefully exercising their rights to freedom of speech, opinion, assembly and association. This follows the harshly repressive measures taken in March and April last year, which resulted in lengthy prison sentences for 75 dissidents, as well as the summary trial and rapid execution of three ferry-boat hijackers in breach of international minimum standards for the implementation of the death penalty.

Notwithstanding these disappointing setbacks, Ireland and our EU partners will continue to persevere with our policy of constructive engagement with Cuba with a view ultimately to seeing the aims of the common position achieved, namely, the initiation of a transition to a system of pluralist democracy embracing human rights and fundamental freedoms.

Gay Mitchell

Question:

125 Mr. G. Mitchell asked the Minister for Foreign Affairs if, in view of the information now available concerning the treatment of prisoners in Iraq, the Government has satisfied itself with arrangements in place to ensure that prisoners being held in Guantanamo Bay in Cuba are being humanely treated; and if he will make a statement on the matter. [14853/04]

As the Deputy is aware, I have previously expressed to the House the Government's concern that the detainees in Guantanamo Bay be treated in accordance with the provisions of international human rights and humanitarian law. The United States authorities are well aware of the Government's position, which has been conveyed to them on a number of occasions. These concerns were conveyed previously to the US Embassy in Dublin by my Department and were raised by the Taoiseach when he met President Bush on 17 March in the White House. In all contacts with the US authorities on the issue we have been assured that they are keenly aware of their obligations under international humanitarian law.

Dr. Jakob Kellenberger, president of the International Committee of the Red Cross, ICRC, during a visit to Ireland in January, stressed the ICRC's position that under the Geneva Convention, the Guantanamo detainees should be given the status of POWs, unless a "competent tribunal" decides otherwise, which as the Deputy knows, has not been the situation with these detainees. This has been and remains the consistent view of this Government as well. The US is well aware of international concern about this issue and, as the Deputy may know, the matter is also before the US Supreme Court, where a judgment is expected before the current court session concludes.

Together with our EU partners, the Government recognises the danger posed by terrorist networks such as al-Qaeda and is committed to working with the United States and all our other international partners in the fight against international terrorism. However, the Government and our EU partners are concerned that any action taken in the fight against terrorism should be fully in accordance with the provisions of international human rights and humanitarian law.

The Deputy will also be aware of the Taoiseach's statement on the abuses of Iraqi prisoners being detained at the Abu Ghraib prison.

Question No. 126 answered with QuestionNo. 22.
Question No. 127 answered with QuestionNo. 10.

Bernard J. Durkan

Question:

128 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he has used his good offices during the Irish Presidency to combat slavery and trading in human beings; and if he will make a statement on the matter. [14786/04]

The Government is fully committed to the active promotion of full observance of universal human rights standards, and opposes and seeks the elimination of all contemporary forms of slavery. Through its participation at international fora such as the UN General Assembly, the UN Commission on Human Rights, the Council of Europe and the OSCE, Ireland raises its concerns in tandem with like-minded countries regarding these issues. These activities have continued during Ireland's current presidency of the EU.

One of the most egregious forms of modern slavery is certainly the forced recruitment and use of children as soldiers in armed conflict. Unfortunately, the practice remains widespread. Therefore, in my opening address to the UN Commission of Human Rights in Geneva in March 2004, I directly addressed the plight of children in armed conflict and urged state parties to speed up the process of ratification of the Rome statute of the International Criminal Court (ICC), which includes, as a war crime, conscription or enlisting children under the age of 15 years or using them to participate actively in hostilities in both international and non-international armed conflicts. In this regard I also reiterated the need to put an end to impunity by bringing to justice any perpetrators of crimes against children.

In addition, my officials are actively leading the development of implementation modalities for the EU Guidelines on Children in Armed Conflict, which were adopted by the European Council on 8 December 2003. At the initiative of the Irish Presidency, the EU, for the first time, delivered a strong statement on contemporary forms of slavery at the Commission on Human Rights, in which the EU reaffirmed its strong commitment to work for the elimination of all forms of this practice.

Also at this year's CHR, we actively supported a decision by consensus to create a new special rapporteur on trafficking in persons, especially women and children. The special rapporteur, who will be appointed for an initial period of three years, will focus on the human rights aspects of the victims of trafficking. Starting in 2005, he/she will submit an annual report to the Commission, together with recommendations, on measures required to uphold and protect the human rights of victims.

Foreign Conflicts.

Bernard J. Durkan

Question:

129 Mr. Durkan asked the Minister for Foreign Affairs the extent to which the situation in the Balkans has stabilised; and if he will make a statement on the matter. [14787/04]

The EU has taken the lead role in working with the countries of the western Balkans to consolidate peace and stability in the region, and to promote economic development and respect for human rights and the rule of law. During Ireland's Presidency, the Government has maintained the priority attached by the EU to the development of relations with the countries of the western Balkans. The situation in the region is reviewed every month by the General Affairs and External Relations Council. At the Council meeting which I chaired last Monday, 17 May, we considered recent developments in the region, especially the situation in Kosovo.

The situation in Kosovo has stabilised since the outbreak of ethnic violence in March. The priorities now are to ensure security, to facilitate the return of displaced persons and the reconstruction of property, and to bring those responsible for the violence to justice. The Council called on Kosovo's political leaders to demonstrate in an unambiguous manner their commitment to a multi-ethnic Kosovo and to the security and rights of members of all communities. The EU remains fully committed to the UN-led policy of standards before status, and is working closely with the United Nations and with the US and Russia and the wider international community to ensure that the international presence in Kosovo can promote real progress in the implementation of standards in the period ahead.

The overall framework for relations with the countries of the region was confirmed by the EU-Western Balkans Summit, which was held in Thessaloniki last June. The summit confirmed that the future of the region lies in its eventual integration into European structures. The achievement of this aim will involve the fulfilment of clear and objective political and economic criteria by the democratically-elected Governments of the countries of the region, under the EU's stabilisation and association process. As Presidency, Ireland set the objective that the commitments made in the Thessaloniki Agenda, which was agreed at last year's summit, would be fully implemented on the EU side. At the Council on 17 May, Ministers completed the third annual review of progress by countries of the Western Balkans in the stabilisation and Association process. Progress remains uneven, but it is clear that the region generally is moving steadily away from instability and violence towards the consolidation of democratic politics.

I look forward to approval by the Council before the end of May of European partnerships for each of the countries of the western Balkans, which will outline the specific progress required for further movement in the integration process. The partnerships are based in large part on the experience gained in the current enlargement process, and their completion represents delivery by the EU on an important element of the Thessaloniki commitments.

The December 2003 European Council requested the incoming Irish Presidency and High Representative Solana, in co-ordination with the Commission, to present concrete proposals for the implementation of the European Security Strategy in a number of areas, including the elaboration of a comprehensive policy towards Bosnia and Herzegovina. Work on the comprehensive approach is going well and I expect that it will be considered by the General Affairs and External Relations Council in June, with a view to adoption by the June European Council. As Presidency, Ireland is also facilitating practical steps for the possible transition from the NATO-led SFOR peacekeeping force in Bosnia to an EU-led force. The EU police mission has made good progress in co-operation with the Bosnian authorities since it was launched in January 2003. The General Affairs and External Relations Council on 23 February 2004 appointed Assistant Garda Commissioner Kevin Carty as head of the police mission.

Croatia formally applied for membership of the European Union in February last year. The Commission Opinion on Croatia's application for membership, which was presented on 20 April, concluded that Croatia meets the Copenhagen political criteria and the conditions under the stabilisation and association process. The Commission recommended that negotiations for accession to the European Union should be opened with Croatia. The General Affairs and External Relations Council will consider the Commission opinion at its meeting on 14 June, with a view to a clear decision by the June European Council.

The Council on 17 May formally requested the Commission to prepare its opinion on the application for EU membership by the former Yugoslav Republic of Macedonia. The Macedonian Prime Minister, Mr. Branko Crvenkovski, presented his country's application to the Taoiseach in Dublin on 22 March. Prime Minister Crvenkovski was elected President on 28 April, filling the vacancy caused by the tragic death of President Boris Trajkovski.

The unstable political situation in Serbia and Montenegro over the past year has regrettably resulted in a slowdown of the reform process in the country. A new Government was formed in Serbia in March under Prime Minister Vojislav Kostunica. It has indicated its clear commitment to the implementation of the wide-ranging reforms required for the development of closer relations with the EU, including improved co-operation with the war crimes tribunal in the Hague. Progress in these areas, and on the harmonisation of the economies of Serbia and of Montenegro, would facilitate the completion of the Commission's feasibility study on a possible stabilisation and association agreement with the state union. Presidential elections will be held in Serbia on 13 June.

Negotiations on a stabilisation and association agreement with Albania are continuing. Progress has been relatively slow and further significant progress is needed in the implementation of reforms to enable the conclusion of the negotiations. I recognise the strong desire on the part of the Government of Albania to make progress in implementing the necessary reforms, and I hope that an agreement can be reached over the coming year.

Human Rights Issues.

Bernard J. Durkan

Question:

130 Mr. Durkan asked the Minister for Foreign Affairs the progress in dealing with human rights issues in Africa with particular reference to the extent to which he has used his influence during Ireland’s Presidency of the EU; and if he will make a statement on the matter. [14788/04]

Ireland is prioritising conflict prevention during the Presidency as there can be no development without peace. Many African countries continue to experience or are gradually emerging from conflict, including Liberia, Cote d'Ivoire, Burundi, the DRC, Sudan, Somalia and Ethiopia-Eritrea. Our commitment to peacekeeping in Africa is also demonstrated through our contribution of an Irish force to the United Nations Mission in Liberia, UNMIL.

A number of cross-cutting issues which the Irish Presidency has sought to progress have particular resonance in Africa. The Presidency attaches priority to "children and armed conflict" and "human rights defenders". The issues of children and armed conflict and slavery are closely linked and the role of human rights defenders in highlighting instances of slavery and bonded labour is vital in focusing national and international attention. We are currently overseeing satisfactory progress in the implementation of EU Guidelines on Children and Armed Conflict and EU partners have been circulated by the Presidency with a paper on draft EU guidelines for the support of human rights defenders. The Presidency secured a degree of success at the recent sixtieth session of the UN Commission on Human Rights in respect of human rights in Africa. Achievements include the establishment of a special UN mechanism on the Sudan, and the agreement with the African Union of a resolution on the Democratic Republic of the Congo, the DRC. In addition, the Presidency and our partners secured the adoption of the Italian technical resolution regarding assistance on human rights in Somalia and supported similar resolutions by the African Union on Chad, Sierra Leone and Burundi.

The EU thematic resolution on the death penalty was adopted with a record margin and a record number of co-sponsors. The resolution on the rights of the child which we co-tabled with the Latin American-Caribbean grouping and the resolution on religious intolerance were also adopted. All these resolutions are universal in their application.

In addition, at the initiative of the Irish Presidency, the EU, for the first time, delivered a strong statement in which the EU reaffirmed its steadfast commitment to work for the elimination of all contemporary forms of slavery, which scourge still exists in some parts of Africa. On the other hand, the EU's resolution on Zimbabwe was, regrettably, not adopted.

Question No. 131 answered with QuestionNo. 62.

Overseas Development Aid.

Bernard J. Durkan

Question:

132 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he proposes to use his influence to address the problem of AIDS in Africa; and if he will make a statement on the matter. [14790/04]

Bernard J. Durkan

Question:

133 Mr. Durkan asked the Minister for Foreign Affairs the extent of the problem of AIDS in each of the African countries; the extent to which he can report success in dealing with the issue; and if he will make a statement on the matter. [14791/04]

I propose to take Questions Nos. 132 and 133 together.

Recent statistics published by the Joint United Nations Programme on HIV/AIDS, UNAIDS, indicated that in 2003 over 40 million people were living with the HIV/AIDS virus. Sub-Saharan Africa, by far the worst affected region, is now home to over 26.6 million people living with HIV/AIDS. Approximately 3.2 million new infections occurred there in 2003, while the epidemic claimed the lives of an estimated 2.3 million Africans in the past year.

HIV/AIDS is a key priority for the Development Co-operation Ireland programme. Ireland was one of the first donors to develop a HIV/AIDS strategy and we have worked to ensure that the issue is high on the agenda of the EU and of the UN's funds and programmes. Since 2001 our financial allocations to the fight against AIDS have increased tenfold with a budget allocation of €40 million in 2004. These resources are directed at HIV/AIDS activities at the global, regional, national and community levels and are implemented through international and regional organisations and in our programme countries. The latter include six highly-affected countries in southern and eastern Africa.

We have made HIV/AIDS a key priority of our EU Presidency. We hosted a major conference on the pandemic in the European and central Asian region in February, followed by a seminar in April on the role of parliamentarians in the fight against HIV/AIDS in sub-Saharan Africa. A final conference will be held in June on the status of research and development into preventive technologies including a HIV vaccine. These meetings have provided a forum for high-level policy dialogue on HIV/AIDS and have reinforced political commitment within the EU member states to combat the spread of HIV/AIDS and alleviate its impact.

Ireland has advocated a strong response to HIV/AIDS through financial support and representation on the executive boards of UN agencies such as UNDP and UNICEF. In addition, we provide funding to UNAIDS. The Government will continue its support to the Global Fund to Fight AIDS, TB and malaria and will be represented at all the fund's board meetings in 2004. We use our membership of the board to contribute to strategic policy orientation and our work at country level also feeds into policy dialogue. At the country level, Development Co-operation Ireland will be working with the Clinton Foundation and other donors, such as Norway and Canada, to support the Government of Mozambique in its efforts to implement a national HIV/AIDS strategy, including a plan to provide life-saving drugs to infected poor people.

In 2003, global resources for HIV/AIDS totalled approximately €4.7 billion — a 500% increase since 1996. This figure is, however, less than half the estimated $10.5 billion that will be needed by 2005. Uganda, one of our programme countries, has managed to halt and reverse the spread of HIV/AIDS, with infection rates dropping from above 20% to less than 10%. There have also been important successes in Senegal and Botswana. The South African Government recently reversed its opposition to the establishment of a national programme of HIV/AIDS treatment with anti-retroviral drugs and is now in the process of rolling out a national treatment regime.

Such examples of progress give some hope that this pandemic can be surmounted but a lot more work and effort is needed for this to be realised and the challenges are enormous. HIV/AIDS continues to be the biggest single obstacle to reducing poverty and to attaining the Millennium Development Goals. Through the Development Co-operation Ireland programme, the Government will do all in its power to combat the pandemic at the global, regional and national levels in developing countries.

Foreign Conflicts.

Bernard J. Durkan

Question:

134 Mr. Durkan asked the Minister for Foreign Affairs the extent to which the European Union and the UN can assist with the ongoing situation in Iraq; and if he will make a statement on the matter. [14792/04]

We believe that a strong and vital UN role is an essential element for the success of reconstruction efforts in Iraq. We are pleased that the Iraqi Governing Council has invited the UN to help with the transfer of sovereignty at the end of June and future national elections and that the Secretary General of the UN has accepted this invitation. We welcome the provisional ideas which the United Nations Secretary General's Special Adviser Lakhdar Brahimi has submitted as a basis for the formation of an interim Iraqi Government. We support the continuing efforts of the special adviser and his team. This political process is crucial. It aims at restoring Iraqi sovereignty and independence, preserving the country's unity and making the Iraqi people truly masters of their own destiny, with the political system of their own choice and control over their natural resources. While this process will not solve the security problems in itself, it will be a powerful contributing factor. The UN involvement in the process is also vital as it lends a strong sense of legitimacy to the process. We look forward to the UN playing a vital and growing role endorsed by the UN Security Council in the run-up to transition and beyond.

The European Council in October 2003 requested the High Representative and Commission to work on a medium-term strategy for the EU's relationship in Iraq. The recent spring European Council recalled this invitation and noted the European Union's determination to assist the Iraqi people. This strategy, which will give us a framework in which to fulfil this commitment is due to be presented to the European Council in June. The EU is of course already contributing substantially to reconstruction activities in Iraq.

On 23 and 24 October 2003 representatives from 73 countries and 20 international organisations met in Madrid to pledge their support for the reconstruction of Iraq. At the conference the European Union and its member states, including accession countries, pledged €700 million until the end of 2004. Of the EU pledge €200 million will come from the Commission's community budget. The EU and its member states will contribute to the International Reconstruction Fund Facility for Iraq, IRFFI, which is administered by the United Nations Development Programme, UNDP, on behalf of itself and participating UN agencies. The facility aims to help donors channel their resources and co-ordinate their support for reconstruction and development. These resources will be used to restore and strengthen the delivery of key public services, to improve livelihoods and to reduce poverty and to strengthen governance, human rights and civil society. In addition to support for reconstruction activities, €100 million has been provided by the European Commission to Iraq for humanitarian relief.

Overseas Development Aid.

Bernard J. Durkan

Question:

135 Mr. Durkan asked the Minister for Foreign Affairs the progress and objectives in regard to combating water shortage on the continent of Africa; and if he will make a statement on the matter. [14793/04]

Drinking water, in sufficient quantity and quality, is a basic human need and is also one of the key prerequisites for the achievement of the Millennium Development Goals. Immediate impacts from access to an improved water supply include improved health, as well as savings in time and effort, resulting in significant economic and social benefits.

In terms of progress in Africa, the Joint Monitoring Programme of the United Nations and the World Health Organisation reports that water supply coverage in Africa increased from 57% in 1990 to 62% in the year 2000. This improvement, however, masks tremendous disparities, with urban populations having 85% coverage while rural coverage was just 47% in the year 2000. Within the framework of its overarching objective of poverty reduction, Development Co-operation Ireland attaches very high priority to the water sector in its support for programme countries in sub-Saharan Africa. This is reflected in the fact that total support for the water and sanitation sector in our bilateral programme doubled from €6 million in 2000 to just over €12 million in 2003. A recent survey by a consortium of non-government organisations, including WaterAid and Oxfam, confirmed that Ireland, which allocates 92% of its budget for the water sector to countries in the sub-Saharan Africa region, leads the donor community in providing support for improved water supply coverage to those developing countries in most need.

The Irish Presidency of the European Union has recently played a pivotal role in bringing the European Union water facility to fruition. The facility will initially provide up to €500 million to the water sector by the end of 2005, with an additional €500 million possible by the end of 2007.

Bernard J. Durkan

Question:

136 Mr. Durkan asked the Minister for Foreign Affairs his plans in the context of the Irish Presidency to combat war and starvation in Africa; and if he will make a statement on the matter. [14794/04]

I remain deeply conscious of the enormity of the challenges facing African nations as they seek to build the foundations of economic and social development, often in a climate of hunger and warfare. The reduction of poverty, hunger and conflict in Africa are some of the most important tasks to which the international community can dedicate itself in the 21st century. The key issues of conflict prevention and poverty reduction are priorities for the Irish Presidency.

As Minister of State for development co-operation and human rights, I have seen the effects of conflict and food insecurity in many different parts of the world, from the Middle East to Timor Leste, from central America to Africa and elsewhere. In March last, I witnessed the physical, psychological and economic devastation wreaked on the populations of Sierra Leone and Liberia by decades of protracted conflict. As Presidency, Ireland is leading EU efforts to contribute to regional and country-level peace processes that are currently underway in Africa.

Conflict has many causes and many manifestations. However, it is nurtured, fed and strengthened by poverty, inequality and exclusion. The majority of wars occur in the poorest countries and they mostly affect the poorest people, particularly women and children. Conflict presents complex challenges for us all, but our efforts must be clearly focused on the underlying causes. Ireland's development co-operation programme seeks to address the root causes of conflict by ensuring that conflict sensitivity is reflected in all instruments of development support and partnership. Furthermore, our engagement with and support for civil society is a key area of our programme focus.

At European Union level it is now broadly acknowledged that development policy and other forms of co-operation provide powerful instruments for tackling conditions and problems which give rise to conflict. Within the Union we are introducing innovations and initiatives aimed at diagnosing conflict risks or conflict indicators through, for example, the country strategy process, as well as at a regional level.

The regional dimension to the various conflicts which have affected west Africa for example is very pertinent. As Presidency, Ireland is currently finalising agreement on a west Africa strategy which will endeavour, in conjunction with the UN, to ensure an integrated approach to tackling the causes of conflict and instability in that region. This was discussed at the EU Ministerial Troika meeting with ECOWAS on 10 May last.

Ireland is supportive of the decision by the EU to establish a peace facility for Africa, which will assist in supporting African Governments to prevent and solve conflicts on their continent. A total of €250 million has been allocated by the EU for the peace facility. Last March, the Irish EU Presidency hosted an informal meeting of the EU Humanitarian Affairs Committee in Dublin. At Ireland's initiative, the meeting brought together senior representatives from the humanitarian offices in member states and the Commission to share information in relation to the better management of humanitarian assistance in regions affected by conflict and related crises.

Also in March, the Irish EU Presidency hosted a three-day European regional conference on the role of NGOs and civil society in the prevention of armed conflict. The conference brought together a wide range of key actors from governments, EU and UN institutions and non-governmental organisations to discuss the critical role that NGOs and civil society can play in the prevention, mitigation and resolution of conflict.

If we are to break the cyclical nature of food insecurity and conflict in Africa, the underlying structural problems affecting poverty and stability must be addressed. Ireland has strong development partnerships with six countries in Sub-Saharan Africa. Through these partnerships, Ireland fully engages with the Governments, donors, EU and UN agencies on the basis of poverty reduction strategy plans, PRSPs. The PRSPs outline how each country prioritises resources and policies with the objective of reducing poverty. These programmes contain a strong governance element throughout to assist in the building of democratic structures, the rule of law and a culture of respect for human rights. This comprehensive and African-owned approach by donors, Governments and civil societies stands the best chance of reversing the downward spiral of economic and social indicators in sub-Saharan Africa, reducing conflict and facilitating real and positive change in the lives of millions of Africans.

Question No. 137 answered with QuestionNo. 16.

Spanish Death Inquiry.

Tony Gregory

Question:

138 Mr. Gregory asked the Minister for Foreign Affairs the assistance his Department has given to the parent of a person (details supplied); the response of the Spanish authorities; if there is further action that can be taken to ensure a more thorough investigation of this case; and if he will make a statement on the matter. [14823/04]

I am very aware of the case that the Deputy has mentioned. I and all who have been involved in this case on behalf of the Government, have the greatest sympathy for the family of this person. My Department, through the consular division, the Irish Embassy in Madrid and the Honorary Consulate in Las Palmas has been providing extensive consular assistance to the family since April 2003 when we became aware of the case. The person mentioned by the Deputy sustained fatal injuries on holiday in Gran Canaria, on 27 April 2003 and died in Las Palmas General Hospital on 13 May.

When his family arrived at the hospital the Irish Ambassador in Madrid made representations to the Director of Health Services for the Canary Islands to secure more extensive access to the intensive care unit of the hospital for the family. The honorary consul's assistant attended the hospital to act as a translator and provide general assistance to the family. Following his death, the embassy and honorary consul continued their efforts on behalf of the family, providing the names of English-speaking lawyers, maintaining continuous contact with the investigating police, forwarding official medical reports and the autopsy, and the official police report to the family. Also during this time, the honorary consulate, the embassy, and consular section remained in direct contact with the person's family.

The person's family involved the gardaí in September 2003, and they interviewed a large number of Irish holidaymakers who were in Gran Canaria in April 2003. Subsequently a chief superintendent travelled to Gran Canaria to report on their efforts to the Spanish police. In addition, the Minister for Justice, Equality and Law Reform also wrote to his Spanish counterpart about the case.

An inquest into his death was opened by Dublin City Coroner on 26 November 2003 and was adjourned until 26 February 2004 when it was further adjourned until 23 June 2004 when further evidence will be taken. At my request, the embassy in Madrid made formal representation to the Spanish Ministry of Foreign Affairs requesting their assistance in expediting the forwarding of a copy of the investigation file from the Spanish authorities which is required by the Garda authorities for this inquest hearing. I assure the Deputy that my Department will continue to provide all appropriate consular assistance to the family.

Special Educational Needs.

Michael Ring

Question:

139 Mr. Ring asked the Minister for Education and Science the number of the 380 new posts announced for classroom assistants which will be allocated to County Mayo; the number which will be allocated to the west Mayo area; and the number of these posts allocated to each school. [14692/04]

The 350 special needs teacher posts that I announced recently will be allocated as part of a new weighted system of teacher support for pupils with special educational needs. This new weighted system will involve two main elements: (a) making a staffing allocation to schools based on a predicted incidence of pupils with special educational needs; and (b) making individual allocations in the case of children with more acute lower-prevalence special educational needs.

Transitional arrangements for the introduction of the weighted system are being developed at present in consultation with representative interests. It is not possible at this stage to confirm the outcome for schools in the Mayo area or the number to be allocated to each primary school.

Psychological Service.

Emmet Stagg

Question:

140 Mr. Stagg asked the Minister for Education and Science the reason no provision has been made for a child psychology service for pre-school children in view of the importance at identifying learning difficulties at the earliest opportunity; when it is intended to provide the service; and if he will make a statement on the matter. [14693/04]

The Government decision in February 1999 to establish the National Educational Psychological Service, NEPS, allowed for a five year development period, with an initial focus on providing a service to children of school going age. NEPS will reach the end of its development period in September 2004. My Department will consider the provision of psychological services for pre-school children in the context of the future development of NEPS and in collaboration with the Department of Health and Children.

Teachers’ Remuneration.

Bernard Allen

Question:

141 Mr. Allen asked the Minister for Education and Science further to Parliamentary Question No. 421 of 27 January 2004, the position regarding the honours allowance for arts teachers. [14703/04]

The Department's consideration of the matter has been completed in recent days. I am pleased to say that teachers who successfully completed the special one-year course run by the National College of Art and Design for the academic years 2001-02 and 2002-03 and who were awarded the NUI Diploma in Art Teaching at honours level will now be entitled to the honours degree allowance. My Department is making arrangements to have the allowance paid to relevant teachers.

Schools Building Projects.

Seymour Crawford

Question:

142 Mr. Crawford asked the Minister for Education and Science the position regarding the building programme for Gransha national school (details supplied); when funding will be made available for this urgent project; and if he will make a statement on the matter. [14704/04]

When publishing the 2004 school building programme, I outlined that my strategy going forward will be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects which were not authorised to proceed as part of the 2004 school building programme, with a view to including them as part of a multi-annual school building programme from 2005 and I expect to be in a position to make further announcements on this matter in the course of the year. The proposed project at Gransha national school, Clones will be included in this review.

Special Educational Needs.

Seymour Crawford

Question:

143 Mr. Crawford asked the Minister for Education and Science if a person (details supplied) in County Monaghan will have a full-time person available to them for the school year coming in September 2004; and if he will make a statement on the matter. [14705/04]

An application for increased special needs assistant support for the pupil referred to by the Deputy has been received in my Department. When a decision on the application is made, contact will be made with the relevant school authorities.

Seymour Crawford

Question:

144 Mr. Crawford asked the Minister for Education and Science if a person (details supplied) in County Cavan will have a full-time person available to them for the school year commencing in September 2004; and if he will make a statement on the matter. [14706/04]

I am aware of an application for special needs assistant support for the person referred to by the Deputy. A decision on the application will be made as quickly as possible and my Department will make contact with the relevant school authorities.

School Accommodation.

Marian Harkin

Question:

145 Ms Harkin asked the Minister for Education and Science the number of schools that have applied for temporary accommodation; the number that have been sanctioned for 2004; the advice given by officials in his Department to those schools who will be unable to accommodate new pupils in September 2004; and if he will make a statement on the matter. [14712/04]

Applications for temporary accommodation are received on an ongoing basis within my Department's school planning section. All applications on hand at 31 March 2004 have been assessed for the purchase of temporary accommodation in 2004 and details of successful applications are published in section 10 of the revised 2004 school building programme which is available on my Department's website at www.education.ie

All applications with an absolute and demonstrated need for additional accommodation were approved. Unsuccessful applications will be considered in the context of a review which is being undertaken of all projects that did not proceed as part of the 2004 school building programme with a view to including them as part of a multi-annual school building programme from 2005, details of which will be announced later in the year.

Schools Building Projects.

Pat Breen

Question:

146 Mr. P. Breen asked the Minister for Education and Science when works will be carried out at a school (details supplied) in County Clare for a general-purpose hall as it is preventing the school from implementing the revised primary curriculum due to the lack of facilities for PE; and if he will make a statement on the matter. [14726/04]

When publishing the 2004 school building programme, I outlined that my strategy going forward will be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects which were not authorised to proceed as part of the 2004 school building programme, with a view to including them as part of a multi-annual school building programme from 2005 and I expect to be in a position to make further announcements on this matter in the course of the year. The application from the school referred to will be considered in this regard.

Teaching Qualifications.

Michael Ring

Question:

147 Mr. Ring asked the Minister for Education and Science the reason a person who teaches in an Irish speaking school, teaching through the medium of Irish still must attend a three-week course in an Irish school in the Gaeltacht. [14779/04]

Under the terms of circular letter 25/00, foreign-trained teachers seeking recognition as primary teachers in Ireland must provide certification that they have resided in the Gaeltacht while attending an approved three-week course, or its aggregated equivalent, before full recognition can be awarded. This requirement is regarded as an integral part of a primary teacher's training and is in line with the requirement that Irish-trained primary teachers, as part of their obligatory training, must also attend an approved three weeks course in the Gaeltacht. The Deputy will appreciate that it would be inequitable to exempt teachers who obtained their primary teacher training outside the country, and whose training included no training in the teaching of Irish, from a requirement for the teaching of Irish which applies to Irish-trained teachers.

My Department has however been prepared to consider exceptions to this rule in cases where an applicant had studied Irish in his or her degree and attended an approved Gaeltacht course as part of that degree.

Special Educational Needs.

Cecilia Keaveney

Question:

148 Cecilia Keaveney asked the Minister for Education and Science the position in relation to an application for a classroom assistant for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14809/04]

I can confirm that my Department recently received an application for special education resources, SER, for the pupil referred to by the Deputy. I understand that the school in question has not submitted all the necessary documentation. I further understand that an official from my Department is due to make contact shortly with the school regarding this matter. When all the documentation is complete this application will be considered.

Education Schemes.

Brendan Howlin

Question:

149 Mr. Howlin asked the Minister for Education and Science the costs relating to Your Education Service under headings (details supplied); and the policy initiatives arrived at as a result of the deliberations of YES. [14810/04]

From the outset I have indicated that this is a year long process with the purpose of gathering material that will inform education policy in the medium and longer term.

I launched the process in January with the publication of the discussion document Your Education System. A series of 17 public meetings took place in February and March and since then a number of organisations have held sessions for their members. A number of major elements of the process have still to take place. These include the focus meetings that will allow some topics, including disadvantage and special education, to be treated in some depth and four meetings for young people of school going age. A major survey, which will provide statistical data on public attitudes to the education system, is also being planned.

The website, www.youreducation.ie, has been available since January. It contains information on the process, including details of progress and costs to the end of April. The information on costs is being updated at present and this will be forwarded to the Deputy very shortly. Reports on events that have taken place as part of the process, comments/observations and suggestions submitted by members of the public and a number of longer papers can also be accessed on the website. The website is being updated on a regular basis and will remain open throughout 2004.

The secretariat for the process will produce its report at the end of the year, drawing together all of the material gathered through the process. This will provide a blueprint for policy makers now and into the future, while giving us a standard against which education policy can be measured.

Pupil-Teacher Ratio.

John Bruton

Question:

150 Mr. J. Bruton asked the Minister for Education and Science the initiatives he has put in place to reduce the pupil/teacher ratio in schools in Meath; and if he will make a statement on the matter. [14811/04]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous year. The number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular school year following discussions between my officials and the education partners.

The overall maximum class size in primary schools, by reference to the staffing schedule, has been reduced from 35 in the 1995-96 school year to 29 in the 2002-03 school year. The staffing schedule for the current school year is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils. School authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and smallest classes is kept to a minimum.

The pupil-teacher ratio at primary level has improved significantly in recent years. The ratio has fallen from 22.2:1 in the 1996-97 school year to 18.0:1 in the 2002-03 school year. The projected ratio for the current school year is 17.44:1.

In line with Government policy, my Department will continue to provide further reductions in the pupil-teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs and those from disadvantaged areas.

School Staffing.

Paul Nicholas Gogarty

Question:

151 Mr. Gogarty asked the Minister for Education and Science if the secondment of two primary school teachers to The Ark Children’s Cultural Centre will be renewed; and if he will make a statement on the matter. [14812/04]

Following receipt of representations from The Ark, my Department approved the continuation of the secondment of two teachers to The Ark, on a non-recoupment basis, for the current school year. However, in January last the authorities of The Ark were informed that secondment on this basis cannot be approved for the future and that an application for secondments on a full cost recoupment basis would be considered but only following a full review of the project by or on behalf of my Department. There is no change in my Department's position on this matter. To date, no application for secondments on a full cost recoupment basis has been received from the Ark.

Gay Mitchell

Question:

152 Mr. G. Mitchell asked the Minister for Education and Science further to Parliamentary Question No. 275 of 24 February 2004, if his Department has approved an application for a special needs teacher for a person (details supplied) in Dublin 22; if funding has been provided for this; and if he will make a statement on the matter. [14832/04]

Additional documentation in support of the application for special education resources for the pupil in question was submitted by the school. The application is being considered by my officials.

The processing of the applications is a complex and time-consuming operation. However, my Department is endeavouring to have this completed as quickly as possible and my officials will then respond to all applicant schools. Pending a response, schools are advised to refer to Circular 24/03, which issued in September 2003. This circular contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs within the school.

In the case of teacher resources, the outcome for each applicant school will be based on a new weighted system of allocation which I announced recently. This system, as part of which an additional 350 teaching posts will be allocated, will involve two main elements: (a) making a staffing allocation to schools based on a predicted incidence of pupils with special educational needs; and (b) making individual allocations in the case of children with more acute lower-prevalence special educational needs. It is expected that the change to a weighted system will bring with it a number of benefits. The new system will: reduce the need for individualised educational psychological assessment; reduce the volume of applications to my Department for additional resources for individual pupils; and give greater flexibility to schools, which will facilitate the development and implementation of improved systems and procedures in schools to meet the needs of pupils with low achievement and pupils with special educational needs.

Transitional arrangements for the introduction of the weighted system are being developed at present in consultation with representative interests. As soon as those consultations have been completed, the detailed arrangements for processing applications for resources, including those for special needs assistants and those received after 31 August last, will be set out in a circular to be issued to schools before the end of the current school year. It is intended, also, that applicant schools will be notified of the outcome in their case within this timeframe.

Schools Building Projects.

Michael Ring

Question:

153 Mr. Ring asked the Minister for Education and Science if an application has been submitted to his Department for an extension and refurbishment at a school (details supplied) in County Mayo; if so, when the application was received; the status of the application; and when funding will be sanctioned for same. [14834/04]

The school authority made application almost three years ago for an extension and refurbishment at the school. Among the issues raised at the time was the problem of asbestos in some of the prefabricated buildings in use at the school. Due to this urgent health and safety issue, arrangements were put in train by the Office of Public Works, which has responsibility for the national asbestos programme of remediation in schools to replace the prefabs affected. It is expected that this work will be completed by the end of the summer.

As I outlined when publishing the 2004 school building programme, my strategy going forward will be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects which were not authorised to proceed as part of the 2004 school building programme with a view to including them as part of a multi-annual school building programme from 2005 and I expect to be in a position to make further announcements on this matter in the course of the year. The needs of the school referred to will be considered in this regard.

John Perry

Question:

154 Mr. Perry asked the Minister for Education and Science if his attention has been drawn to the fact that the old school building at Corran College, Ballymote, does not qualify for grant of maintenance funding (details supplied); and if he will make a statement on the matter. [14838/04]

The upkeep and maintenance of Corran College, Ballymote is a matter for County Sligo VEC.

VECs are afforded considerable flexibility in the use of resources to meet the needs, including maintenance costs of individual schemes. Current funding allocations are made to VECs as part of a block grant that also covers VEC overheads and other activities apart from the second-level programme. The Department does not earmark allocations for individual schools or for the various activities of VECs. The way in which the allocation is distributed among schools is a matter for each committee in line with their priorities and perceptions of need.

An application has been received by my Department from County Sligo VEC for the continued provision of courses, such as those referred to by the Deputy, in Corran College from September next, which is under consideration in my Department.

Special Educational Needs.

Jerry Cowley

Question:

155 Dr. Cowley asked the Minister for Education and Science if and when a person (details supplied) in County Mayo will be granted five resource hours per week; when this situation will be resolved; and if he will make a statement on the matter. [14876/04]

I have arranged for my officials to examine the matter of resource teaching provision for this pupil and contact will be made with the school in question shortly.

Energy Resources.

Paul McGrath

Question:

156 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources the grant aid available for the installation of a geothermal heat pump in a new house. [14860/04]

Sustainable Energy Ireland which was established as a statutory agency in May 2002 implements initiatives on renewable energy and energy efficiency on behalf of my Department.

Under Sustainable Energy Ireland's house of tomorrow research, development and demonstration programme, heat pumps are one of a number of energy technologies eligible for support in the context of an integrated set of measures comprising a whole house energy efficiency solution. This programme is open to demonstration projects involving clusters of five or more homes. Funding is available for whole house measures at a rate of up to €5,000 per house in such developments. Funding is not available under this programme for homes on an individual basis and direct funding support is not available at individual householder level.

Paul McGrath

Question:

157 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources the EU countries in which grant aid is available for the installation of ecologically friendly geothermal heat pumps in new houses; and the level of grant in each of these countries. [14861/04]

The information sought by the Deputy is not available in my Department.

Telecommunications Services.

Jimmy Deenihan

Question:

158 Mr. Deenihan asked the Minister for Communications, Marine and Natural Resources his Departments plans to provide broadband to Kenmare Town, County Kerry; and if he will make a statement on the matter. [14701/04]

Although the provision of telecommunications services, including broadband, is a matter for the companies operating in a fully liberalised private sector regulated by the Commission for Telecommunications Regulation, it is evident that the market has failed to address regional broadband and infrastructural deficits. As a response to this failure an indicative €200 million was made available under the National Development Plan 2000-2006 for regional telecommunications infrastructure investments to ensure the availability of high-speed services in all regions.

My Department has a dedicated website www.broadband.gov.ie where anyone can check the availability of broadband in their area. The website currently shows that broadband is available in Kenmare from two DSL providers, Netsource and Pure Telecom Limited, and from five satellite providers, Digiweb, Mediasatellite, Orbitlink, Applied Solutions and Pure Telecom Limited.

We are pushing ahead with the regional broadband programme, which will extend broadband connectivity to over 90 towns, including Kenmare, in addition to the 19 high-capacity metropolitan area networks that are now nearing completion. The number of broadband customers continues to rise dramatically — there are now over almost 40,000 DSL subscribers, and over 50,000 customers using flat rate Internet access.

Coastguard Stations.

Fergus O'Dowd

Question:

159 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the funding which has been given to each of the coastguard stations in County Louth for each of the past five years; and the amount committed for 2004. [14702/04]

The information sought by the Deputy is not readily available. I am arranging to have the information collated and this will be forwarded to the Deputy as soon as possible.

Radiological Protection.

John McGuinness

Question:

160 Mr. McGuinness asked the Minister for Communications, Marine and Natural Resources if his Department will examine the findings of a report undertaken in the UK by the National Radiological Protection Board expressing the need for further studies to establish whether weak magnetic fields from high voltage power lines lead to childhood leukaemia; if he will consider the international studies in this area which suggest that continued exposure to low level fields can double the risk of leukaemia for children; and if he will make a statement on the matter. [14819/04]

The report referred to was recently issued by the UK's National Radiological Protection Board's advisory group on non-ionising radiation, and followed on from a 1992 examination of various reports relating to alleged ill-health effects of long-term exposure to low level electromagnetic fields. There have been some 25,000 scientific papers published on this subject in the last 30 years. One of the main findings of this 1992 examination was that, while occasional studies did suggest that there could be a link between magnetic fields and some instances of childhood leukaemia, these were not verified by subsequent studies. Without consistency of results from independently conducted studies, causality could not be established. The advisory group recommended the need for consolidation of positive findings and the formulation of testable hypotheses necessary for progress in the field. The group concluded: "that evidence strong enough to justify conclusion that the exposure to ... electromagnetic fields can cause cancer in humans or to allow the hypotheses to be rejected is unlikely to be obtained without high quality epidemiology research..." In response to this statement the NRPB concluded that further research would be needed.

The 2004 report revisited and evaluated the current scientific evidence. On this occasion the same advisory group within the NRPB observed that there had been "well conducted" research studies which had provided better evidence than was available for the 1992 review. The 2004 report notes that sporadic positive associations between electromagnetic fields and some cancers in children have been reported. However, the advisory group stated that the scientific evidence suggesting that exposure to power line frequency electromagnetic fields poses an increased risk of cancer is very weak. It concluded that: "...laboratory experiments have provided no good evidence to show that extremely low frequency electromagnetic fields are capable of producing cancer nor do human epidemiology studies suggest that they cause cancer in general". Because occasional associations continued to be reported but replication of these positive findings had still not been achieved, the NRPB again recommended continuing high quality research. Such research continues around the world.

My Department maintains a watching scientific brief on all aspects of non-ionising radiation, and represents Ireland on a number of bodies within the EU, World Health Organisation and the International Committee on Electromagnetic Safety.

Swimming Pool Projects.

Ned O'Keeffe

Question:

161 Mr. N. O’Keeffe asked the Minister for Arts, Sport and Tourism the position regarding the provision of funding for a specific project (details supplied) in County Cork. [14797/04]

There are four principal stages in the local authority swimming pool programme viz. preliminary report, contract documents, tender approval and construction. Each stage of the process is subject to the approval of my Department and grant-aid is only allocated to a project when the tender documents have been approved.

The tender documentation for the provision of a replacement swimming pool in Cobh, which was recently revised by Cobh Town Council, is currently under consideration in my Department.

National Lottery Funding.

Dan Neville

Question:

162 Mr. Neville asked the Minister for Arts, Sport and Tourism the allocation by county made by his Department under the national lottery fund 2004 and the sports capital programmes. [14877/04]

The 2004 national lottery funded sports capital programme was advertised in the national newspapers on 30 November and 1 December 2003. The deadline for receipt of applications was at 5 p.m. on 16 January 2004. A total of 1,304 applications were received before that deadline and these were evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme.

Following this evaluation process, I announced on 7 May provisional funding allocations to 717 projects totalling €50.8 million in funding, which was broken down as follows:

Carlow

632,000

Cavan

925,000

Clare

1,027,000

Cork

4,874,000

Donegal

1,802,000

Dublin

11,941,000

Galway

2,702,000

Kerry

2,976,000

Kildare

2,857,000

Kilkenny

850,000

Laois

786,000

Leitrim

479,000

Limerick

1,925,000

Longford

545,000

Louth

1,294,000

Mayo

1,594,000

Meath

1,160,000

Monaghan

996,000

Offaly

857,000

Roscommon

1,027,000

Sligo

1,253,000

Tipperary

2,048,000

Waterford

1,580,000

Westmeath

1,083,000

Wexford

1,887,000

Wicklow

1,700,000

I will shortly be making further announcements under the 2004 sports capital programme in respect of funding for projects of major significance which, while meeting local needs, will also add considerably to the national and regional sporting infrastructure which is required both for increasing levels of participation and improving standards of performance.

In keeping with Government policy, the allocations reflect special priority for the development of sports and recreational facilities in areas designated as disadvantaged, that is, RAPID, CLÁR and local drugs task force areas. Projects that have been allocated sports capital funding in designated disadvantaged areas may also receive additional top-up funding under the CLÁR and RAPID programmes, administered by the Department of Community, Rural and Gaeltacht Affairs. A statement will issue from Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, at a later stage regarding top-up funding allocations under these programmes.

Medical Cards.

Olivia Mitchell

Question:

163 Ms O. Mitchell asked the Minister for Health and Children if he will investigate the circumstances whereby a person (details supplied) in Dublin 16 had their medical card withdrawn; and if the medical card will be restored for this person. [14690/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board-authority. My Department has therefore asked the chief executive of the Eastern Regional Health Authority to investigate the matter raised by the Deputy and to reply to her directly.

Hospital Services.

Willie Penrose

Question:

164 Mr. Penrose asked the Minister for Health and Children when the dialysis unit at Tullamore General Hospital which was to open some time ago will become operational and accommodate persons who require dialysis treatment from Westmeath, Offaly and Longford; and if he will make a statement on the matter. [14691/04]

Responsibility for the provision of services at the Midland Regional Hospital at Tullamore rests with the Midland Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the position in relation to this case and to reply to the Deputy directly.

Michael Ring

Question:

165 Mr. Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo can be transferred from the Mater Misericordiae Hospital in Dublin to either Galway Regional Hospital or Mayo General Hospital. [14707/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Family Support Services.

Seán Crowe

Question:

166 Mr. Crowe asked the Minister for Health and Children the average costing for long stay beds in the medical system compared to the costing in the so called recovery ward. [14708/04]

I understand that the information which the Deputy is actually seeking relates to the average cost of providing respite services for people with intellectual disability and autism.

The average cost of providing a respite place is estimated to be around €70,000. However the actual costs in any given situation vary and are dependent on the needs of those availing of the service.

Suicide Incidence.

Dan Neville

Question:

167 Mr. Neville asked the Minister for Health and Children the new services to be provided by the Mid-Western Health Board in view of the increased spending on suicide prevention and research of €165,000 in the area. [14709/04]

Responsibility for the provision of services referred to by the Deputy rests with the Mid-Western Health Board. My Department has therefore asked the chief executive officer to investigate the matter raised by the Deputy and reply to him directly.

Autism Services.

Breeda Moynihan-Cronin

Question:

168 Ms B. Moynihan-Cronin asked the Minister for Health and Children if his attention has been drawn to concerns that have been raised about the accounts of a number of linked organisations (details supplied) which appear to show considerable discrepancies between sums raised through fund-raising and subsequently spent on the services intended to be provided by the organisations concerned; and if he will make a statement on the matter. [14713/04]

Breeda Moynihan-Cronin

Question:

169 Ms B. Moynihan-Cronin asked the Minister for Health and Children if his attention has been drawn to concerns that have been raised about alleged unaccountable procedures and practices in an organisation (details supplied); and if he will make a statement on the matter. [14714/04]

Breeda Moynihan-Cronin

Question:

170 Ms B. Moynihan-Cronin asked the Minister for Health and Children if he has conducted any inquiry into the financial, operational and management structures of an organisation (details supplied). [14715/04]

Breeda Moynihan-Cronin

Question:

171 Ms B. Moynihan-Cronin asked the Minister for Health and Children if he has conducted any inquiry into the financial, operational and management structures of an organisation (details supplied). [14716/04]

Breeda Moynihan-Cronin

Question:

172 Ms B. Moynihan-Cronin asked the Minister for Health and Children the amounts of public funds allocated to two organisations (details supplied) in each of the years 1990 — 2003. [14717/04]

I propose to take Questions Nos. 168 to 172, inclusive, together.

I am aware of the concerns mentioned by the Deputy. A number of the health boards have been working together with the Irish Society for Autism to address various concerns, including those mentioned by the Deputy. In relation to the question raised about public funds the information requested by the Deputy is not readily available in my Department as funding is allocated by the boards on a case by case basis. My Department has asked the chief executive officer of the South Western Area Health Board to reply directly to the Deputy on behalf of the various boards in relation to this matter.

Health Board Staff.

Liz McManus

Question:

173 Ms McManus asked the Minister for Health and Children if the health boards or HeBE appointed permanent staff to the management grade of grade 8 or higher without competition in the past six years; if such grades received incremental progression other than the standard start pay on promotion as provided for in circular 10/71; if any health board promoted an employee to any grade with competition who is or was a member of that health board in the past ten years; and if he will make a statement on the matter. [14723/04]

Responsibility for the recruitment and appointment of management staff in health boards and the Health Service Executive and the issues raised by the Deputy in relation to the application of the terms of circular 10/71 and staff promotions rests with each health board and the board of HeBE respectively.

My Department has therefore asked the relevant CEOs to investigate the matters raised by the Deputy and a consolidated reply will issue from the Department to the Deputy as soon as possible.

Housing Aid for the Elderly.

Michael Ring

Question:

174 Mr. Ring asked the Minister for Health and Children when an application by a person (details supplied) in County Mayo for grant aid under the special housing aid for the elderly scheme will be dealt with by the Western Health Board. [14773/04]

As the Deputy will be aware, the housing aid scheme for the elderly in the Mayo area is operated by the Western Health Board, on behalf of the Department of Environment Heritage and Local Government. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and to reply direct to him as a matter of urgency.

Health Board Allowances.

Michael Ring

Question:

175 Mr. Ring asked the Minister for Health and Children the reason funding has never been sanctioned from his Department to pay persons across the country the arrears due to them on the blind welfare allowance. [14776/04]

The Department of Health and Children has received, from the health boards, an estimation of the cost of implementing the revised methodology of calculating blind welfare allowance. There are no funds available this year to meet the costs of implementing this matter. It is my intention to examine this matter in the context of the Estimates for 2005.

Medical Cards.

Michael Ring

Question:

176 Mr. Ring asked the Minister for Health and Children the number of appeals on applications for medical card refusals processed by the Western Health Board for County Mayo in the years 2002 and 2003; the number of appeals that resulted in a medical card being granted; and the number that resulted in the refusal being upheld. [14778/04]

The information regarding the number of appeals, both successful and unsuccessful, following the refusal of applications for medical cards in County Mayo for the years requested is as follows:

Year

No. of appeals (Co. Mayo)

No. of appeals upheld

No. of appeals refused

2002

45

7 (18.5%)

38

2003

73

31 (42.5%)

42

Hospital Services.

John McGuinness

Question:

177 Mr. McGuinness asked the Minister for Health and Children if an operation will be expedited at Kilcreene Hospital, Kilkenny for a person (details supplied) in County Kilkenny; the reason the operation was deferred for six months in view of the urgency of the case; and if he will make a statement on the matter. [14801/04]

Responsibility for the provision of services at Kilcreene Hospital is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply directly to the Deputy.

Health Board Services.

Pat Carey

Question:

178 Mr. Carey asked the Minister for Health and Children if a person (details supplied) in Dublin 11 is likely to receive orthodontic treatment; and if he will make a statement on the matter. [14802/04]

Responsibility for the provision of orthodontic treatment to eligible persons in Dublin 11 rests with the Eastern Regional Health Authority. My Department has asked the regional chief executive to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Waiting Lists.

John Cregan

Question:

179 Mr. Cregan asked the Minister for Health and Children when he expects a person (details supplied) to be transferred from Limerick Regional Hospital to the National Rehabilitation Hospital in Dún Laoghaire for rehabilitation, following a serious road traffic accident. [14803/04]

My Department has made inquiries into this matter and the National Rehabilitation Hospital has recently confirmed that the individual in question is on its waiting list and that it is not possible at this time to indicate when the individual will be admitted. The Deputy will appreciate that the scheduling of admission to the hospital is a matter for the consultant concerned and is determined solely on the basis of medical priority.

National Treatment Purchase Fund.

Liz McManus

Question:

180 Ms McManus asked the Minister for Health and Children the figures for the highest private percentage of the public elective bed capacity by a consultant in each of the health boards in view of the fact that the medical consultants’ common contract allows a consultant to use 20% of such capacity for private use; the figures for the ten highest consultant beneficiaries under the national treatment purchase fund and their percentage of private bed use in their public hospital; and if he will make a statement on the matter. [14846/04]

The information requested in relation to private activity in public hospitals is not readily available. However, I will be back in touch with the Deputy as soon as possible.

The national treatment purchase fund sources operations for patients waiting longest on public waiting lists from private hospitals in Ireland and the UK. Where spare capacity exists in the public hospital sector operations are sourced through the public hospital system in Ireland. I understand that the national treatment purchase fund negotiates, in advance, all-inclusive prices per procedure with hospitals and does not have the information requested by the Deputy in relation to individual consultants.

Health Board Allowances.

Brian O'Shea

Question:

181 Mr. O’Shea asked the Minister for Health and Children his proposals to extend mobility allowance to persons who are over 66 years and who qualify for mobility allowance on medical grounds; and if he will make a statement on the matter. [14847/04]

Mobility allowance is payable by health boards, subject to a means test to a person with a severe disability between the ages of 16 and 66. Such eligible persons can continue to receive payment after they reach their 66th birthday. The allowance provides financial support to eligible persons unable to walk or use public transport and is intended to enable them to benefit from a change in surroundings.

The national health board review group on Department of Health and Children disability allowances-grant schemes report of June 2002 recommended that entitlement should be extended to applicants 66 years and over who would otherwise qualify.

My Department accepts in principle the recommendation and is examining it in the context of ongoing work on the introduction of a cost of disability payment, and the capacity of current transport infrastructure to meet the needs of people with disabilities and mainstreaming of service provision for people with disabilities.

Nursing Home Subventions.

Mary Wallace

Question:

182 Ms M. Wallace asked the Minister for Health and Children if the guidelines for calculating nursing home subvention regarding the principal private residence not being taken into account when there is a child under the age of 21 can be modified to allow for situations (details supplied). [14848/04]

As the Deputy will be aware the Nursing Home Regulations 1993, Second Schedule, section 12 states: "A health board shall disregard the principal residence in the assessment of a person's means if it is occupied immediately prior to or at the time of the application and continues to be occupied by a spouse, a son or daughter aged less than twenty one years or in full time education or a relative in receipt of the Disabled Persons Maintenance Allowance, Blind Person's Pension, Disability Benefit, Invaldity Pension, or Old Age Non-Contributory Pension". However, it may be of interest to the Deputy to note that my Department is currently undertaking a review of the nursing home regulations. A working group has been set up to look at all aspects of the regulations including the subvention scheme. In examining the subvention scheme, the issue of the creation of an equitable and consistent means assessment is one of the issues to be considered. At this point in the group's work no firm decisions have been made regarding the final details of the means assessment to be employed.

Care of the Elderly.

Gay Mitchell

Question:

183 Mr. G. Mitchell asked the Minister for Health and Children the services available to assist persons who take care of the elderly at home; and if all necessary information and advice will be made available to a person (details supplied) in Dublin 12 in relation to this issue, including information on subventions and so on. [14868/04]

The provision of health services in the Dublin 12 area is, in the first instance, the responsibility of the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Elder Abuse.

Gay Mitchell

Question:

184 Mr. G. Mitchell asked the Minister for Health and Children his views on the concerns regarding abuse of the elderly both at home and in institutions; and if he will make a statement on the matter. [14869/04]

I launched Protecting Our Future, the report of the working group on elder abuse, on 11 November 2002. This report, in starting with a definition of elder abuse and recommending the putting in place of structures to deal with suspected cases will, hopefully, give older people who feel they are the subject of abuse in any shape or form the confidence to report their anxieties, as appropriate, to a social worker, a public health nurse, a member of the Garda Síochána or any professional or care worker.

One of the recommendations in the elder abuse report is the establishment of a national implementation group and this has been achieved. In addition, funding of €0.8 million was provided in 2003 to commence the elder abuse programme, and in 2004 an additional €0.75 million was provided.

Health Board Services.

Beverley Flynn

Question:

185 Ms Cooper-Flynn asked the Minister for Health and Children the action he intends to take to address the fact that waiting time for orthodontic treatment in the WHB area is still four years. [14878/04]

The provision of orthodontic services is a matter for the health boards-authority in the first instance. I have taken a number of measures to improve orthodontic services both in the Western Health Board area and on a national basis.

The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 13 dentists from various health boards, including two from the Western Health Board, for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. These 13 trainees for the public orthodontic service are additional to the six dentists who commenced their training in 2001. Thus, there is an aggregate of 19 dentists in specialist training for orthodontics. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.

The commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment at the school will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. The chief executive officer of the Southern Health Board has reported that the professor commenced duty on the 1 December 2003. In recognition of the importance of this post at Cork Dental School my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners. The Western Health Board received additional funding of €0.465 million for the treatment of cases in this way.

The chief executive officer of the Western Health Board has informed my Department that at the end of the March quarter 2004, there were no category A patients awaiting orthodontic treatment. In addition, the chief executive officer also informed my Department that at the end of the March quarter 2004, there were 1,597 patients receiving orthodontic treatment.

Services for People with Disabilities.

Beverley Flynn

Question:

186 Ms Cooper-Flynn asked the Minister for Health and Children if capital funding will be made available to transfer the 450 persons with a disability who are currently in unsuitable and inappropriate accommodation to suitable accommodation by 2006 in line with the commitment given in the health strategy and the joint programme for Government. [14880/04]

Approximately half of the 438 persons with an intellectual disability or autism who were accommodated in psychiatric hospitals in May 2003 are in St. Joseph's Services, St. Ita's Hospital, Portrane. One of the key capital priorities for my Department is to progress as quickly as possible the development of purpose built residential and day facilities for around 60 persons on the St. Ita's campus. This development is now ready to go to tender.

My Department will continue to work with the Eastern Regional Health Authority and the other relevant health boards to progress the programme to provide more appropriate accommodation and to maximise the outcome from the capital resources available to my Department and from other sources.

Genetically Modified Organisms.

Beverley Flynn

Question:

187 Ms Cooper-Flynn asked the Minister for Health and Children if, in view of the fact that food products with less than 1% of a genetically modified ingredient are not being labelled as containing a genetically modified component, he intends introducing secondary legislation to address this situation. [14882/04]

In the production of food, feed and seed, it is almost impossible to achieve products that are 100% pure. Minute traces of genetically modified organisms can arise in conventional food and feed during cultivation, harvest, transport and processing. This is not particular to genetically modified organisms. Accordingly, to ensure legal certainty, thresholds have been established above which conventional food and feed must be labelled as consisting of or containing or being produced from a genetically modified organism. The labelling requirement is a consumer choice measure and not for food safety reasons

The latest EU legislation does not apply to foods containing material which contains, consists of or is produced from genetically modified organisms in a proportion no higher than 0.9% of the food ingredients considered individually or food consisting of a single ingredient, provided that this presence is adventitious or technically unavoidable. Previously, the level had been1%. The new threshold will apply to all genetically modified organisms authorised under the new regulations and will also apply to those authorised under the novel foods regulation.

As this legislation is binding on each member state it ensures a uniform and consistent approach to the labelling of products within the EU. Accordingly, it is not intended to introduce secondary legislation.

Traffic Management.

Jerry Cowley

Question:

188 Dr. Cowley asked the Minister for Transport if he intends to give traffic wardens the power to examine identification cards and to have an examinable photograph on such cards of disabled parkers to ensure that disabled parking spaces are not abused and are only used by those entitled to use them; and if he will make a statement on the matter. [14684/04]

The Road Traffic (Traffic and Parking) Regulations 1997, which came into force on 1 October 1997, introduced a number of significant changes in relation to the application of parking laws to disabled persons in Ireland. The regulations provided for new arrangements in respect of disabled persons parking permit, which can be issued by local authorities, the Irish Wheelchair Association and the Disabled Drivers Association. The permits are available to any person who is suffering from a disability that prevents that person from walking or causes undue hardship to the person in walking. The permit is issued in respect of a named person, who can be a driver or a passenger, and must be displayed in any vehicle being used for the transportation and convenience of that person. The regulations also provide for recognition of a disabled persons' parking permit issued by any State provided the permit contains the recognised pictorial symbol of a person sitting in a wheelchair.

The 1997 regulations do not determine the format of the permit. However, in January 1998 local authorities were advised to use a format for a permit that had been prepared by the Irish Wheelchair Association and the Disabled Drivers Association which was modelled on a common form of permit being developed by the European Union. That format which includes the provision of a photograph, positioned on the back of the card, of the card holder was validated in a EU recommendation, C98/376/EC, on 4 June 1998. This recommendation further provides that the card, when in use, be displayed at the front of the vehicle in such a way that the front of the card is clearly visible for checking purposes.

It is a matter for a traffic warden to determine whether in his or her opinion a vehicle has been parked in contravention of the requirements applying to disabled persons' permits or in place or manner which contravenes the parameters laid down for the use of such permits.

Public Transport.

Richard Bruton

Question:

189 Mr. R. Bruton asked the Minister for Transport the number of applications received by his Department in respect of new bus routes within the greater Dublin area; the details of the routes applied for; when each application was first received by his Department; the reason he has to date failed to make a decision in respect of these applications; and if he will make a statement on the matter. [14813/04]

The information sought by the Deputy is set out in the reply I gave in the House on Thursday, 13 May 2004, to a similar question, No 155, tabled by the Deputy.

As I indicated in that reply, private operators must apply to my Department in accordance with the Road Transport Act 1932 for licences to operate road passenger services within the State.

Dublin Bus and Bus Éireann are exempt from the requirement to hold a licence under the Road Transport Act 1932. However, since 10 January 2001, both companies are required by ministerial direction to notify the Department of any proposed new services or proposed changes to existing services at least four weeks prior to their introduction. A total of five notifications and licence applications are currently on hands in respect of the greater Dublin area and the dates of receipt are as follows:

Date

Licence applications

14 January 2004

11 March 2004 (two applications)

1 April 2004

Notification

16 March 2004

In accordance with long-standing practice, details of applications and notifications remain confidential until a decision is made. The outstanding applications and the notification indicated above are currently being processed by my Department.

All licence applications and notifications are dealt with on a first come, first served basis. The processing of applications and notifications involves detailed analysis to ascertain, for example, the extent of any overlap between the proposed service and existing licensed or other public transport services. This can include similar licence applications already received or prior notifications received from either Dublin Bus or Bus Éireann. However, pressing or exceptional circumstances can be taken into account in determining the order in which applications are dealt with. In some circumstances, while the preliminary work may have been completed on a particular application, a final decision cannot be made until other relevant applications or notifications received prior to it have been finalised. Decisions on the applications and notification mentioned above are expected in the near future.

Light Rail Project.

Richard Bruton

Question:

190 Mr. R. Bruton asked the Minister for Transport if he has information from the operators of the Luas system regarding whether they are prepared to introduce a number of free days for the new Luas line to Tallaght when it is operating in its initial stage in August 2004; and if he will make a statement on the matter. [14814/04]

The Railway Procurement Agency is considering a range of promotional initiatives including some limited introductory travel but have yet to finalise these issues.

School Transport.

Seán Crowe

Question:

191 Mr. Crowe asked the Minister for Transport the discussions he has had with the Department of Education and Science regarding school transport and its safety aspect, particularly in regard to seat belts having to be worn when fitted on all transport by 2006. [14840/04]

A consultation paper that set out a wide range of options for enhancing school bus safety was published by my Department in March 2002. Following an extended consultation period a large number of responses were received. These are now being reviewed and preliminary discussions have taken place between my Department and the Department of Education and Science in regard to identifying a cost effective approach to enhancing road safety for school transport in the context of competing priorities for Exchequer funding.

In the past year a number of developments at EU level in relation to the fitment and wearing of seat belts on buses have occurred. Directive 2003/20/EC, which was adopted in April 2003, provides, inter alia, for the compulsory wearing of seat belts by all occupants of buses aged three years or over, where seat belts are provided. Member states are required to transpose the directive into their national law by 9 May 2006. It is, however, my intention to make the necessary regulations to transpose the directive as soon as type-approval standards for related safety systems, including standards related to the mandatory fitment of seat belts, have been adopted at European level.

In this regard the European Commission last year published proposals to amend a number of directives relating to the type-approval requirements for safety belts and restraint systems, anchorages for safety belts, and seats, their anchorages and head restraints. The proposals provide, inter alia, for the mandatory fitment of seat belts in all buses and coaches, other than those used on staged-stop urban services, at manufacturing stage. Under the proposals it would be a requirement for the sale, registration and entry into service of new buses and coaches, from 1 January 2006, that their safety belts, and restraint systems, anchorages for safety belts, and seats, their anchorages and head restraints would conform with the technical requirements specified in the proposed directives. Good progress has been made on the proposals and it is expected that they will be considered at Council shortly with a view to the adoption of a common position by member states. It is not proposed nor would it be feasible for technical reasons to fit seat belts to existing buses.

Taxi Hardship Panel.

Paul Connaughton

Question:

192 Mr. Connaughton asked the Minister for Transport the reason a person (details supplied) in County Galway received such a small compensation after their huge investment in purchasing a taxi licence just before deregulation was introduced; if his attention has been drawn to the fact that the person is having to use social welfare payments to repay the bank; the way in which the small compensation payment was arrived at; and the person who drew up the scheme’s guidelines. [14843/04]

The scheme is based on the recommendations and parameters set out in the taxi hardship panel report, as approved by Government.

The panel consisted of three independent people and it was established to report in general terms on the nature and extent of extreme personal financial hardship experienced by individual taxi licence holders arising from a loss of income as a direct result of the liberalisation of the taxi licensing regime. It was made clear at the outset that, based on legal precedent, there can be no legal duty on the State to compensate taxi licence holders on open market licence values that may have existed prior to liberalisation.

The report recommended the establishment of a scheme to provide payments to individual taxi licence holders who fall into one of six categories that the panel assessed as having suffered extreme personal financial hardship. The payments range between €3,000 and €15,000 depending on the category of hardship involved. The Government approved the implementation on a phased basis of these recommendations. The payments do not represent compensation but rather compassionate payments in respect of extreme personal financial hardship.

Area Development Management Limited was engaged to administer and manage the implementation of the scheme, independent of my Department. No details of individual applications made to ADM Limited under the scheme are known to my Department.

After inquiries were made the company informed me that a category 5 hardship payment of €10,000 was made to a person with the name in question. The category refers to particular circumstances where large loan repayments are outstanding and were secured against a family home. The report recommended four specific levels of payment under the category to qualifying persons, ranging between €6,000 and €12,000, depending on the amount of the loan outstanding. The payment made to the person is appropriate to the amount of loan outstanding.

Legal Aid Service.

Joan Burton

Question:

193 Ms Burton asked the Minister for Justice, Equality and Law Reform if he is committed to retaining the services of the Legal Aid Board at Clonsilla Road, Blanchardstown, Dublin 15 in view of the large population of the area and the demands for its services. [14696/04]

Under the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 the board has sole responsibility for deciding on the provision of services to clients, including the location of law centres.

The board's aim is to provide a cost effective and professional service, in a timely manner, to the greatest number of persons possible within available resources. Part of its remit is to constantly monitor the operation of its law centre network, including the location of law centres. This is done to ensure that its services are available to the greatest number of people from within its available resources. The board is examining the possible benefits of relocating some or all of its suburban law centres in Dublin to locations in the city centre to bring them closer to the courts. I have not received firm proposals to do so. I expect that proposals by the Courts Service on the location of family law court sittings would be taken into account.

Prisoner Transfers.

Michael Ring

Question:

194 Mr. Ring asked the Minister for Justice, Equality and Law Reform if he will consider the repatriation of a person (details supplied) from England to serve the remainder of their prison sentence here. [14697/04]

My Department has not received a formal application for a transfer of the person here under the Council of Europe Convention on the Transfer of Sentenced Persons.

The individual should apply through his prison governor and give details of his Irish citizenship or residency. The convention requires extensive documentation to be exchanged between both jurisdictions in order to allow an application to be fully considered. A three way consent is also required to enable any transfer to take place. That means from the authorities of both jurisdictions and from the person concerned. On receipt of consents an application must then be made to the High Court for a warrant authorising the transfer of the person concerned and his continued detention here.

These procedures are required under the convention and the Transfer of Sentenced Persons Act 1995. They must be adhered to during the processing of each application. I will give the matter every consideration when making a decision on an application for repatriation from the individual.

Ground Rents.

Arthur Morgan

Question:

195 Mr. Morgan asked the Minister for Justice, Equality and Law Reform if, further to Parliamentary Question No. 174 of 12 May, his views on whether ten to 15 times the annual ground rent to be paid by the State to the landlord with regard to the income they will forfeit through the abolition of ground rents represents an adequate system of compensation. [14698/04]

A statutory scheme for the acquisition of the fee simple in dwellinghouses is contained in the Landlord and Tenant (Ground Rents) (No. 2) Act 1978. Part III of that Act provides a special procedure, operated at low cost by the Land Registry, whereby a person may acquire readily and relatively inexpensively the fee simple in their dwellinghouse.

Section 7 of the Landlord and Tenant (Amendment) Act 1984 contains provisions for determining the purchase price where the right to acquire the fee simple is exercised and the price must be determined by arbitration. Such arbitration by the Registrar of Titles is provided for in section 21 of the 1978 (No. 2) Act. There is no obstacle to a person negotiating directly with the owner of the ground rent for its purchase without reference to the (No. 2) Act.

Closed Circuit Television Systems.

Seán Crowe

Question:

196 Mr. Crowe asked the Minister for Justice, Equality and Law Reform the funding available to install closed circuit television cameras in the Arbour Hill, Mountpellier Park and Drive and Oxmanstown Road areas of Dublin 7 in view of the ongoing problem of prostitution in the area. [14699/04]

A CCTV advisory committee was established by the Garda Commissioner. I have been informed by the Garda authorities that the committee received a report from the chief superintendent, Dublin metropolitan region north central. It outlines the division's CCTV requirements. Prostitution was addressed in the report. It recommended that cameras be installed in the Benburb Street-North Quays-Manor Street areas to combat the problem. At present the committee is assessing the report and its recommendations will issue in due course.

Child Care Services.

Tom Hayes

Question:

197 Mr. Hayes asked the Minister for Justice, Equality and Law Reform if an appeal on a decision not to approve funding for crèche facilities for a person (details supplied) in County Tipperary was processed; and when a decision will issue. [14700/04]

My Department asked ADM Limited to carry out the day-to-day administration of the equal opportunities child care programme on my behalf. Negotiations are continuing with the project promoter and it would not be appropriate for me to comment further.

Refugee Status.

John McGuinness

Question:

198 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a decision can be expedited in the case of a person (details supplied) in County Kilkenny; and the time it will take to reach a decision. [14807/04]

Under the Refugee Act 1996 two independent statutory offices were established to consider applications and appeals for refugee status and to recommend if status should be granted to me. The Office of the Refugee Applications Commissioner considers applications for a declaration as a refugee and the Refugee Appeals Tribunal considers applications for a declaration at appeal stage.

A final decision will be made in the case upon receipt of the RAT's decision. The average length of time it takes to process and complete a substantive appeal, including an oral hearing, is approximately 16 weeks. It continuously strives to reduce the timeframe in order to reach applicants in need of international protection as quickly as possible. Faster timeframes apply in the case of appeals that do not involve an oral hearing.

Sexual Offences.

Liz O'Donnell

Question:

199 Ms O’Donnell asked the Minister for Justice, Equality and Law Reform the conviction rates for rape in each of the past five years; the number of cases that reached trial for the same period; and his views on a recent report published at the Rape Crisis Network Ireland conference, Sexual Violence Issues and Responses Across Europe, that showed that Ireland has the lowest conviction rate for rape in Europe. [14808/04]

As I previously outlined to the House on 15 October 2003, the conviction rate shown in the report Rape: Still a Forgotten Issue is based on the number of cases reported to the Garda that resulted in a conviction in court. We must also look at cases where sufficient evidence is available to allow a prosecution to take place.

There is a high attrition rate in rape cases here and a large number of cases reported to the Garda do not reach prosecution stage for a variety of reasons. Recently my Department provided funding for further comprehensive research into attrition rates in rape cases. The research is entitled The Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases and will be carried out by the Department of Law at the National University of Ireland, Galway and the RCNI. It should give us greater understanding as to why some victims choose not to report cases to the Garda, what can be done about under reporting and why only a relatively small percentage of reported cases result in a court hearing.

The statistics requested are as follows:

Rape of Female and Rape Section 4

Recorded

Detected

Proceedings Commenced

Persons Convicted

Conviction Rates

%

1999

381

332

105

34

32

2000

290

219

84

45

54

2001

401

253

158

57

36

2002

497

255

112

69

62

*2003

370

163

68

31

46

*Figures for 2003 are provisional and subject to change.

Registration of Title.

Michael Ring

Question:

200 Mr. Ring asked the Minister for Justice, Equality and Law Reform when dealings for a person (details supplied) in County Mayo will be completed at the Land Registry Office. [14844/04]

I am informed by the Registrar of Titles that an application for transfer of part was lodged on 11 October 2002. Dealing No. D2002SM009009X refers. A second application was lodged on 11 October 2002. Dealing No. D2002SM009010P refers.

On 14 May 2004 queries were issued on Dealing No. D2002SM009010P. These applications cannot proceed until the queries have been satisfactorily resolved. The matter will receive further attention in the Land Registry on receipt of a satisfactory reply.

Garda Investigations.

Billy Timmins

Question:

201 Mr. Timmins asked the Minister for Justice, Equality and Law Reform if the Garda investigated a claim by a person (details supplied). [14871/04]

The Garda authorities have informed that no investigation has taken place.

Billy Timmins

Question:

202 Mr. Timmins asked the Minister for Justice, Equality and Law Reform what stage an investigation into illegal dumping in County Wicklow has reached. [14872/04]

The Garda authorities have informed me that Wicklow County Council identified five illegal dump sites in February 2002 for investigation by the Garda Síochána. Investigations are operational matters for the Garda authorities and it is not the practice to comment on them.

Decentralisation Programme.

Ciarán Cuffe

Question:

203 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will provide a copy of all information packs for each decentralisation location prepared by the Office of Public Works. [14675/04]

My Department prepared information packs for each of its four new locations in the south east. They are available on the central application facility's website at www.publicjobscaf.ie

Child Care Services.

Ciarán Cuffe

Question:

204 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if the availability of crèche and child care facilities was taken into consideration in determining decentralisation locations. [14676/04]

The Minister for Finance announced the decentralisation programme in Budget 2004. He stated that the following factors were taken into account when selecting locations: the need to fit in with the national spatial strategy in terms of gateways, hubs and their respective catchments; the location of existing decentralised offices; the desirability of clustering a Department's decentralised units within a region; the importance of respecting the scale and character of locations in terms of their capacity to absorb the number of new jobs involved; and the existence of good transport links by road, rail or air and the general infrastructural capacity in the areas selected.

The availability of crèche and child care facilities was not a factor. However, the Government accepted the recommendations of the report by the decentralisation implementation group. It recommended, inter alia, that an interdepartmental committee be established to examine the issue and submit a report to the group by the end of May.

Social and Affordable Housing.

Ciarán Cuffe

Question:

205 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the annual national development plan’s targets for the completion of social housing in the voluntary and local authority sector; and the annual breakdown of progress to date in meeting same. [14677/04]

The targets and progress for local authority housing and voluntary housing completions in each year of the NDP are as follows:

Local Authority and Voluntary Housing Programme Table.

2000

2001

2002

2003

2004

2005

2006

Total

NDP Target Completions

5,000

6,250

7,700

8,650

9,350

9,150

9,500

55,600

NDP Actual Completions

4,158

6,217

6,114

6,250

NDP Target Funding €m

505.61

719.64

827.7

893.42

990

996.11

1,079.48

6,011.96

NDP Actual Funding €m

526.04

824.77

972.64

926.7

Output levels for social housing by the local authority and voluntary sector have been less than anticipated in the NDP targets. However, record levels of completions have been achieved over the period of the plan. Local authority housing output was maintained at a high level and voluntary housing output continues to grow significantly. The shortfall in achieving output targets can generally be attributed to higher than anticipated construction costs.
The needs of in excess of 46,600 households were met by a range of social and affordable housing measures between 2000 and 2003. I anticipate that the needs of a further 13,000 household will be met in 2004. Investment under the NDP's housing aspect is ahead of its forecast with local authority housing running at 111% and voluntary housing running at 108%.

Water and Sewerage Schemes.

Willie Penrose

Question:

206 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the status of an application to provide a sewerage system for the village of Castletown Geoghegan; and if it will be provided to areas adjacent to the village such as the Lake and Mullingar roads. [14681/04]

The scheme is part of a pilot programme being undertaken by the national rural water monitoring committee in six locations. A range of new, small scale waste water collection and treatment systems will be tested. Construction work is expected to commence later this year.

One of the objectives of the pilot programme is to explore the potential for group sewerage schemes to extend domestic waste water services to households outside the immediate catchment of new collection systems. The systems are initially confined to the core areas of each of the locations involved. My Department does not have details of the collection system for Castletown-Geoghegan. It is more appropriate to ask Westmeath County Council for details.

Road Network.

Ned O'Keeffe

Question:

207 Mr. N. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will introduce lay-bys on roadways for tourists and long-distance truck drivers to rest safely for a temporary period and dispel their confusion after they have availed of such facilities in their home countries. [14683/04]

The provision of lay-bys on non-national roads is a matter for consideration by the relevant local authority. Local authorities may use their resources, as supplemented by departmental grants, to fund such works.

Housing Aid for the Elderly.

Michael Ring

Question:

208 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he will allocate extra funding for the housing aid for the elderly scheme to enable rewiring and electrical works to be carried out. [14775/04]

Funding for the scheme was maintained at a high level in recognition of the valuable that had been done. As much as €11.6 million was provided for 2004. It will enable health boards to continue a high level of activity. An initial allocation of €11 million for the scheme was notified to the health boards. Later this year the remaining €0.6 million will be allocated and will be based on activity in the health board areas.

A health board has the discretion to grant assistance in individual cases. Consideration must be given to the funds available and the guidelines issued by the task force.

Funding for the scheme is provided through the national lottery. No supplementary funding can be made beyond the substantial allocation for 2004.

Satellite Dishes.

Richard Bruton

Question:

209 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government if he will introduce restrictions on the planning exemption enjoyed by satellite dishes for domestic houses; and his views on whether there should be a requirement for planning permission to erect them on the front of a house or in other situations. [14815/04]

Under the Planning and Development Regulations 2001 the erection of satellite dishes on or within the curtilage of a house is exempted from the requirement to receive planning permission and is subject to conditions. The conditions include that no such antenna shall be erected on, or forward of, the front wall of a house.

It is not proposed to amend the regulations at present.

Water and Sewerage Schemes.

Dinny McGinley

Question:

210 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government about a sewerage scheme for Ballyshannon, County Donegal. [14849/04]

This year my Department's water services investment programme 2004-2006 granted approval for the Ballyshannon sewerage scheme to commence construction. The treatment plants for Ballyshannon and a number of other locations are being advanced as a grouped design-build-operate project for which I approved tender documents on 15 September 2003. I approved tender documents for the Ballyshannon sewage collection system on 18 July 2003.

My Department awaits the submission of tender recommendations from Donegal County Council.

Offshore Islands.

Michael Ring

Question:

211 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs when funding will be sanctioned for the provision of a cable car for Inishbiggle, Achill, County Mayo; and when works will commence on the project. [14856/04]

Michael Ring

Question:

212 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if his Department has contacted Mayo County Council concerning the provision of a cable car for Inishbiggle. [14857/04]

Michael Ring

Question:

213 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the details of his recent announcement on a cable car for Inishbiggle. [14858/04]

Michael Ring

Question:

214 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs about a cable car for Inishbiggle. [14859/04]

I propose to take Questions Nos. 211 to 214, inclusive, together.

Recently I announced that my officials would write to Mayo County Council requesting it to proceed with the preparation of contract documents for the development of a cable car between Inishbiggle and Achill Island at Bullsmouth. On 17 May the council clarified how much it would cost to reach the next phase of the project and it is being considered by my Department.

Social Welfare Benefits.

Willie Penrose

Question:

215 Mr. Penrose asked the Minister for Social and Family Affairs if she will review the refusal of applications by the self-employed for disability benefit based on PRSI contributions. [14687/04]

Workers are generally insurable under the Social Welfare Act either as employed or self-employed contributors. The nature of an employment determines the PRSI contribution due and the range of benefits and pensions to which contributors build up an entitlement.

The majority of insured workers are employees and thus pay PRSI class A contributions. Over a period they can build up an entitlement to a range of benefits and pensions, including disability benefit.

PRSI for the self-employed was introduced in 1988. They are compulsorily insured through the payment of PRSI contributions and the award of class S contributions. Their contributions are reckonable for the following benefits and pensions: widow or widower's contributory pension, orphans contributory pension, old age contributory pension, maternity benefit, adoptive benefit and the bereavement grant.

In 1988 social insurance for the self-employed was introduced. At the time short-term benefits, such as disability benefit and unemployment benefit, were excluded given the difficulties of extending them to self-employed workers. At present there are no plans to extend any of the short-term benefits to the group.

Some self-employed workers that were previously employees and paid PRSI contributions at the class A rate may continue to be entitled to a range of short-term benefits for a period of approximately two years after commencing self-employment.

Michael Ring

Question:

216 Mr. Ring asked the Minister for Social and Family Affairs the reason an application for fuel allowance by a person (details supplied) in County Mayo was returned to her; and when she will be approved for the allowance. [14772/04]

A fuel allowance application was submitted by the person together with a cover letter from the health board giving details of a UK pension and a copy of her late husband's death certificate. On 4 May the pensions services office received her form and documents. They were not returned to her. On 7 March her husband died. Prior to his death he had been in receipt of the fuel allowance. He last received it on 27 February. Consequently the person concerned now qualifies for fuel allowance in her own right at the weekly rate of €9 from 5 March to 16 April, the end of the 2003-2004 fuel season. Arrangements are being made to issue the arrears due as soon as possible.

The pensions services office received her late husband's fuel allowance book without a covering note stating why it was returned. It is standard practice to write to the pensioner to establish why it happened. As a result a letter issued to clarify the reason the fuel allowance book was returned. This was done before the widow had been cross-referenced with her husband's details.

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